Senators must make a policy decision to choose between two bills aimed at reining in nonpracticing entities, or patent trolls, that send demand letters in bad faith to Texas residents or businesses, said Sen. Joan Huffman, R-Houston, chairwoman of the Senate State Affairs Committee.
The committee held public hearings April 9 for both proposals. Senate bills 1187 and 1457 have some similarities, but also major differences. Both add a chapter to the Texas Deceptive Trade Practices Act to prohibit someone from sending a demand letter making a bad-faith claim of patent infringement. But the bills’ definitions of “bad faith claim” vary greatly. Both authorize the Texas attorney general to sue those who violate the bills’ provisions.
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