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The One of the biggest motivations behind the TROL Act is the 2014 Federal Trade Commission investigation into MPHJ Technology Investments, LLC (MPHJ) . The investigation revealed that MPHJ had sent demand letters to "16,465 small businesses located in all fifty states and the District of Columbia."[https://www.ftc.gov/system/files/documents/cases/150317mphjtechcmpt.pdf]
Targeting Rogue and Opaque Letters (TROL) Act (view source)
Revision as of 17:05, 7 March 2016
, 17:05, 7 March 2016no edit summary
==Summary==
*Requires demand letters to include specific details about the person with the rights of the patent, parent companies, contact information, and information on how the recipient is infringing the patent
*Establishes that sending demand letters that misrepresent patent rights is an unfair or deceptive act or practice under the FTC Federal Trade Commission Act and allows the Federal Trade Commission (FTC ) and State Attorneys General to fine violators
*Directs the Federal Trade Commission, and authorizes state attorneys general, to enforce against written communications (commonly referred to as demand letters) that represent in bad faith that the recipient bears liability or owes compensation for infringing an asserted patent. Requires the pattern or practice of sending such bad faith demand letters to be treated as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act.
**Bad faith is defined as "'clear and convincing evidence' that the infringement assertions are 'objectively baseless' to avoid dismissal on summary judgment or a motion to dismiss"[http://patentlyo.com/patent/2013/05/what-is-happening-in-vermont-patent-law-reform-from-the-bottom-up.html]
==MPHJ Technology Investments, LLC==
