Patent-trolling protection passes House

Consumers could have less cause for concern when it comes to “patent trolling.”

HF1586, sponsored by Rep. Joe Hoppe (R-Chaska), would allow an attorney general to bring civil action against someone who has made a “bad faith claim” against another for infringement on any potentially patented product. A penalty of up to $50,000 per violation could be imposed on any individual or business. Currently, 27 states have passed legislation to help prevent patent trolling.

Rep. Joe Hoppe

Passed 129-0 by the House Thursday, the so-called “Patent Trolling Bill” now goes to the Senate, where it is sponsored by Sen. Kari Dziedzic (DFL-Mpls).

“I’m glad to see that Minnesota is addressing this,” said Rep. Jason Metsa (DFL-Virginia).

The bill has the intent of targeting patent assertion entities — businesses that acquire patents with no intention of using the technology itself, but rather suing for alleged infringement. It would not limit any other rights or remedies available under existing laws related to patent infringement.

In Minnesota when patent trolling occurs, the “end user” (who purchased the product, or is using the technology) is caught in a legal limbo. Current law prohibits someone from taking private action, and in certain circumstances prohibits existing laws from being enforced. There are no federal laws creating precedent.

Numerous banking groups remain in support of the bill.