Mich. Comp. Laws § 446.161
Short title.
This act shall be known and may be cited as the "bad-faith patent infringement claims act".
Michigan Compiled Laws — BAD-FAITH PATENT INFRINGEMENT CLAIMS ACT (Act 550 of 2016)
Michigan · statute · 550 of 2016, Mich. Comp. Laws · 9 active provisions
Mich. Comp. Laws § 446.163
Definitions.
As used in this act: (a) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity. (b) "Target" means a person that purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the commercial market and that…
Mich. Comp. Laws § 446.165
Unlawful practice.
It is an unlawful practice under this act for a person, in connection with the assertion of a United States patent, to send or cause another person to send a written communication, including an electronic communication, that states in bad faith that the target is infringing or has infringed a patent and bears liability…
Mich. Comp. Laws § 446.169
Powers of attorney general relating to unlawful practice; action by target or affiliated person aggrieved by violation; remedies to plaintiff; bond.
(1) The attorney general may do all of the following related to unlawful practice under this act: (a) Conduct a civil investigation as provided in section 9a. (b) Enter into an assurance of discontinuance under section 9b. (c) Bring a civil action as provided in section 9c. (d) Promulgate rules under the administrative…
Mich. Comp. Laws § 446.169a
Ex parte application and hearing; subpoena; confidentiality of documents, things, or other information obtained by attorney general; disclosure of confidential information as misdemeanor; conduct subject to civil fine; enforcement; violation of final order as civil contempt.
(1) On the ex parte application of the attorney general to the circuit court in the county where the defendant is established or conducts business or, if the defendant is not established in this state, in Ingham County, the circuit court, if it finds probable cause to believe a person has engaged, is engaging, or is ab…
Mich. Comp. Laws § 446.169b
Assurance of discontinuance.
(1) If the attorney general has authority to institute an action under section 9c, the attorney general may accept an assurance of discontinuance of a practice that is alleged to be unlawful under section 5 from the person that is alleged to have engaged, be engaging, or be about to engage in the practice. An assurance…
Mich. Comp. Laws § 446.169c
Temporary or permanent injunction; action by attorney general; notice; award of investigation and enforcement costs; civil fine; violation of terms of injunction or judgment; enjoining person from doing business in state.
(1) If the attorney general has probable cause to believe that a person has engaged, is engaging, or is about to engage in an unlawful practice as described in section 5 and gives notice as provided in this section, the attorney general may bring an action to restrain the person by temporary or permanent injunction fro…
Mich. Comp. Laws § 446.171
Scope of act.
(1) Subject to section 5, this act does not make it an unlawful practice for a person that owns or has the right to license or enforce a patent to do any of the following: (a) Advise others of that ownership or right of license or enforcement. (b) Communicate to others that the patent is available for license or sale.…
Mich. Comp. Laws § 446.173
Effective date.
This act takes effect October 1, 2017.