Antitrust Law Daily Wrap Up, STATE UNFAIR TRADE PRACTICES NEWS: Nebraska Attorney General’s 2014 legislative agenda includes protections from “patent trolls”, (Jan 8, 2014)

Nebraska Attorney General Jon Bruning yesterday unveiled his 2014 legislative package that provides protections for Nebraska consumers and small businesses from “patent troll” harassment. According to the attorney general’s January 7 announcement, the proposed “Nebraska Patent Abuse Prevention Act” would protect Nebraskans from patent assertion entities acting in bad faith, otherwise known as patent trolls. The bill defines unlawful patent assertion activity, including demand letters. It also provides an enforcement mechanism for the unlawful act under the Uniform Deceptive Trade Practices Act.

Patent trolls acquire patents solely to collect fees or demand settlements from consumers, according to the attorney general. Currently, there is no state law to specifically address bad faith assertions of patent infringement.

“Patent trolls often make unfounded allegations to demand money by threatening litigation against unsuspecting Nebraskans,” said Senator Heath Mello, the legislation’s sponsor. “This bill will be a great addition in the fight to protect Nebraska businesses and consumers from patent trolls.”

News: StateUnfairTradePractices NebraskaNews