Tex. Bus. & Com. Code § 17.952 · Subchapter L. BAD FAITH CLAIMS OF PATENT INFRINGEMENT
BAD FAITH CLAIM OF PATENT INFRINGEMENT PROHIBITED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2015, 84th Leg., R.S., Ch. 856 (S.B. 1457), Sec. 1, eff. September 1, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm
- Text hash
- sha256 e6e82bf46c254fc4616b9b7389175068abe4ddc9e5e9176d210fa70320026e87
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 2 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 17.952. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.