Tex. Bus. & Com. Code Section 17.952
Bad Faith Claim of Patent Infringement Prohibited

(a)

A person may not send to an end user located or doing business in this state a written or electronic communication that is a bad faith claim of patent infringement.

(b)

A communication is a bad faith claim of patent infringement if the communication includes a claim that the end user or a person affiliated with the end user has infringed a patent and is liable for that infringement and:

(1)

the communication falsely states that the sender has filed a lawsuit in connection with the claim;

(2)

the claim is objectively baseless because:

(A)

the sender or a person the sender represents does not have a current right to license the patent to or enforce the patent against the end user;

(B)

the patent has been held invalid or unenforceable in a final judgment or administrative decision; or

(C)

the infringing activity alleged in the communication occurred after the patent expired; or

(3)

the communication is likely to materially mislead a reasonable end user because the communication does not contain information sufficient to inform the end user of:

(A)

the identity of the person asserting the claim;

(B)

the patent that is alleged to have been infringed; and

(C)

at least one product, service, or technology obtained by the end user that is alleged to infringe the patent or the activity of the end user that is alleged to infringe the patent.
Added by Acts 2015, 84th Leg., R.S., Ch. 856 (S.B. 1457), Sec. 1, eff. September 1, 2015.

Source: Section 17.952 — Bad Faith Claim of Patent Infringement Prohibited, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­17.­htm#17.­952 (accessed Jun. 5, 2024).

17.01
Definitions 17.08
Private Use of State Seal 17.11
Deceptive Wholesale and Going-out-of-business Advertising 17.12
Deceptive Advertising 17.29
Misusing Container 17.30
Misusing Dairy Container Bearing Proprietary Mark 17.31
Identification, Possession, and Use of Certain Containers 17.41
Short Title 17.42
Waivers: Public Policy 17.43
Cumulative Remedies 17.44
Construction and Application 17.45
Definitions 17.46
Deceptive Trade Practices Unlawful 17.47
Restraining Orders 17.48
Duty of District and County Attorney 17.49
Exemptions 17.50
Relief for Consumers 17.55
Promotional Material 17.56
Venue 17.57
Subpoenas 17.58
Voluntary Compliance 17.59
Post Judgment Relief 17.60
Reports and Examinations 17.61
Civil Investigative Demand 17.62
Penalties 17.63
Application 17.81
Definition 17.82
Prohibited Conduct 17.83
Original Inventory 17.84
Permit 17.85
Deadline for Orders 17.86
Sale Inventory 17.87
Final Inventory 17.88
Disposition of Sale Items 17.89
Later Sales 17.90
Form of Inventory 17.91
Exceptions 17.92
Penalty 17.93
Injunction 17.461
Pyramid Promotional Scheme 17.462
Listing of Business Location of Certain Businesses 17.463
Production, Sale, Distribution, or Promotion of Certain Synthetic Substances 17.464
Unconscionable Price for Care at Emergency Facility 17.501
Consumer Protection Division Participation in Class Action 17.505
Notice 17.506
Damages: Defenses 17.555
Indemnity 17.565
Limitation 17.821
Definitions 17.822
Meat Labeling 17.823
Sale of Nonkosher Food 17.824
Exception 17.825
Civil Remedy 17.826
Penalty 17.835
Notice of Filing of Original Inventory 17.851
Definitions 17.852
Inquiry as to Producer 17.853
Unlawful Acts 17.854
Penalty 17.881
Definitions 17.882
Meat Labeling 17.883
Sale of Nonhalal Food 17.884
Civil Remedy 17.885
Criminal Penalty 17.901
Definitions 17.902
Unauthorized Advertisement, Promotion, or Conduction of Certain Live Musical Performances 17.903
Injunction 17.904
Civil Penalty 17.921
Definitions 17.922
Required Disclosure for Collections Through Public Receptacle 17.923
Required Disclosures for Telephone or Door-to-door Solicitations 17.924
Required Disclosures for Mail Solicitations 17.925
Local Ordinance or Regulation 17.926
Civil Penalty 17.951
Definition 17.952
Bad Faith Claim of Patent Infringement Prohibited 17.953
Enforcement by Attorney General 17.954
Construction of Subchapter 17.955
No Private Cause of Action 17.4625
Price Gouging During Declared Disaster 17.5051
Mediation 17.5052
Offers of Settlement
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 17.952’s source at texas​.gov