Yippee to Massachusetts New Law on Bad Faith Assertions of Patent Infringement



In the same Bill H.4714 discussed here, Massachusetts introduced a new cause of action, "Chapter 93L," to protect against bad faith assertions of patent infringement. This chapter applies to demand letters to a company or its customers, threats of litigation, or assertions that a company infringed a patent or must obtain a license.


A plaintiff may obtain equitable relief, actual damages, costs and fees, and $50,000 in exemplary damages or treble damages, whichever is greater. A chapter 93L defendant may also recover costs and fees if the action was not well founded in fact or warranted by law.

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