22 Jul Legislation providing patent protection signed into law
INDIANAPOLIS, Ind. – Legislation supported by the Indiana Builders Association (IBA) regarding patent protection was ceremoniously signed into law by Governor Mike Pence.
House Enrolled Act (HEA) 1102, authored by State Rep. Eric Koch (R-Bedford) and coauthored by State Reps. Casey Cox (R-Fort Wayne), Christina Hale (D-Indianapolis) and Heath VanNatter (R-Kokomo), prohibits a person from asserting a claim of patent infringement in bad faith. IBA supported the passage of this law to proactively deal with a growing problem builders have dealt with in other states before it becomes a problem in Indiana.
“The problem is with patent assertion entities – commonly known as patent trolls – that attempt to enforce patent rights against people or companies who they claim are infringing a patent owned by the troll,” said IBA Chief Executive Officer Rick Wajda. “Oftentimes these patent trolls will send out hundreds or even thousands of letters demanding payment for a license to their patent, even though they have no reasonable basis for believing the person or company is actively using the patent they own.”
HEA 1102 establishes a standard that courts can use in determining if a person or entity attempting to enforce a patent right(s) acted in good faith. If not, this law allows courts to award civil damages and even attorney’s fees to the winning party.
HEA 1102 went into effect on July 1, 2015.
About the Indiana Builders Association
The Indiana Builders Association (IBA) is a statewide trade organization representing Indiana’s home building, remodeling and light commercial construction industry. Established in 1952, IBA has 27 local affiliates organized into nine geographic areas across Indiana. IBA, along with its affiliates, are associated with the National Association of Home Builders in Washington, D.C. The organization works to educate its members, the general public, elected officials and regulatory bodies to maintain and develop workable and affordable regulations and laws that enable the citizens of Indiana to own a home. More information can be found at www.buildindiana.org.