U.S. Rep. Michael Burgess (R-TX) this week asked Congress to hasten consideration of a bill he introduced that would authorize as unfair or deceptive any bad faith acts by someone alleging that a patent recipient is or may be infringing on that patent.
The Targeting Rogue and Opaque Letters (TROL) Act of 2019, H.R. 108, sponsored by Rep. Burgess on Jan. 3, is the latest version of a bill the congressman has proposed since the 114th Congress to protect legitimate patent holders, according to his office.
“Congress should consider the TROL Act soon,” said Rep. Burgess, ranking member of the U.S. House Energy and Commerce Subcommittee on Health, on March 5.
If enacted, H.R. 108 would make it an unfair or deceptive act or practice under the Federal Trade Commission’s (FTC) Section 5 authority for a person to knowingly send misleading patent demand letters asserting patent infringement, according to a summary of the bill provided by Rep. Burgess’ staff.
H.R. 108, according to the text of the bill, would authorize the FTC to slap civil penalties totaling up to $5 million on the so-called patent trolls, who the congressman said limit innovation and hurt small businesses that can’t afford to fight such assertions in court.
“Entrepreneurship and innovation are key pillars of American opportunity. Too often, patent trolls foil progress with frivolous legal action – particularly in the Eastern District of Texas,” said Rep. Burgess this week. “The federal government should not be in the business of thwarting entrepreneurs’ ingenuity.”
H.R. 108, the lawmaker said, “is a common sense solution that would protect Americans’ intellectual property and expand their opportunity to innovate.”
The bill is under review by the U.S. House Energy and Commerce Committee.