Bill Status of SB 3405   98th General Assembly

Short Description:  CONSUMER FRAUD-PATENT DEMAND

Senate Sponsors
Sen. Daniel Biss, Sue Rezin and Napoleon Harris, III

House Sponsors
(Rep. Ann Williams-Stephanie A. Kifowit-Carol A. Sente-Sam Yingling-Anthony DeLuca, Kathleen Willis, Martin J. Moylan, Natalie A. Manley, Mike Smiddy, Michelle Mussman, Katherine Cloonen, Deborah Conroy, Jerry F. Costello, II, Fred Crespo, Anna Moeller, Brian W. Stewart, John D. Anthony, Sue Scherer, Daniel V. Beiser and Charles E. Jefferson)


Last Action  View All Actions

DateChamber Action
  8/26/2014SenatePublic Act . . . . . . . . . 98-1119

Statutes Amended In Order of Appearance
815 ILCS 505/2RRR new

Synopsis As Introduced
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to claim that another has infringed upon a United States patent if the claim falsely threatens adverse administrative or judicial action, the assertions lack a reasonable basis in fact or law, the person making the assertion is not, or does not represent, a person with a current right to license the patent, or the claim fails to make certain other disclosures. Effective January 1, 2015.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the bill with changes. Defines "intended recipient" as a consumer who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is, or later becomes, the subject of a patent infringement allegation. Provides that a person who sends certain written communications bears liability or owes compensation to another person if: (1) the communication falsely states that litigation has been filed against the intended recipient; or (2) the assertions contained in the communication lack a reasonable basis in fact or law because the communication seeks compensation for a patent that has been held invalid or unenforceable in a final, unappealable or unappealed, judicial or administrative decision. Deletes a provision that the content of the communication fails to include necessary information when it does not include that the communication is deceptive. Provides that nothing in the provisions shall be construed to deem it an unlawful practice for any person who owns or has the right to license or enforce a patent to: (1) advise others of that ownership or right of license or enforcement; (2) communicate to others that the patent is available for license or sale; (3) notify another of the infringement of the patent; or (4) seek compensation on account of past or present infringement or for a license to the patent. Makes other changes. Effective January 1, 2015.

House Committee Amendment No. 1
In the definition of the term "intended recipient" provides that an intended recipient is a person, rather than a consumer, who obtains a product or service that becomes the subject of a patent infringement allegation.

Actions 
DateChamber Action
  2/14/2014SenateFiled with Secretary by Sen. Daniel Biss
  2/14/2014SenateFirst Reading
  2/14/2014SenateReferred to Assignments
  2/25/2014SenateAssigned to Judiciary
  3/5/2014SenatePostponed - Judiciary
  3/17/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Daniel Biss
  3/17/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/19/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/19/2014SenateSenate Committee Amendment No. 1 Adopted
  3/20/2014SenateDo Pass as Amended Judiciary; 009-000-000
  3/20/2014SenatePlaced on Calendar Order of 2nd Reading March 21, 2014
  3/27/2014SenateSecond Reading
  3/27/2014SenatePlaced on Calendar Order of 3rd Reading April 1, 2014
  4/8/2014SenateAdded as Co-Sponsor Sen. Sue Rezin
  4/9/2014SenateThird Reading - Passed; 048-000-000
  4/9/2014HouseArrived in House
  4/9/2014HouseChief House Sponsor Rep. Ann Williams
  4/9/2014HouseFirst Reading
  4/9/2014HouseReferred to Rules Committee
  4/28/2014HouseAssigned to Judiciary
  4/29/2014HouseAdded Alternate Chief Co-Sponsor Rep. Stephanie A. Kifowit
  4/29/2014HouseAdded Alternate Chief Co-Sponsor Rep. Carol A. Sente
  4/30/2014HouseAdded Alternate Chief Co-Sponsor Rep. Sam Yingling
  4/30/2014HouseAdded Alternate Co-Sponsor Rep. Kathleen Willis
  4/30/2014HouseAdded Alternate Co-Sponsor Rep. Martin J. Moylan
  4/30/2014HouseAdded Alternate Co-Sponsor Rep. Natalie A. Manley
  4/30/2014HouseAdded Alternate Co-Sponsor Rep. Mike Smiddy
  5/2/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Ann Williams
  5/2/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/5/2014HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  5/6/2014HouseAdded Alternate Co-Sponsor Rep. Michelle Mussman
  5/6/2014HouseAdded Alternate Co-Sponsor Rep. Katherine Cloonen
  5/6/2014HouseAdded Alternate Co-Sponsor Rep. Deborah Conroy
  5/6/2014HouseAdded Alternate Co-Sponsor Rep. Jerry F. Costello, II
  5/6/2014HouseAdded Alternate Co-Sponsor Rep. Fred Crespo
  5/6/2014HouseAdded Alternate Co-Sponsor Rep. Anna Moeller
  5/7/2014HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  5/7/2014HouseDo Pass as Amended / Short Debate Judiciary; 015-000-000
  5/7/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/7/2014HouseAdded Alternate Co-Sponsor Rep. Brian W. Stewart
  5/7/2014HouseAdded Alternate Co-Sponsor Rep. John D. Anthony
  5/9/2014HouseAdded Alternate Co-Sponsor Rep. Sue Scherer
  5/20/2014HouseAdded Alternate Co-Sponsor Rep. Daniel V. Beiser
  5/21/2014HouseAdded Alternate Chief Co-Sponsor Rep. Anthony DeLuca
  5/22/2014HouseAdded Alternate Co-Sponsor Rep. Charles E. Jefferson
  5/22/2014HouseSecond Reading - Short Debate
  5/22/2014HouseHeld on Calendar Order of Second Reading - Short Debate
  5/23/2014HouseFinal Action Deadline Extended-9(b) May 30, 2014
  5/27/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/28/2014HouseThird Reading - Short Debate - Passed 114-000-001
  5/28/2014SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/28/2014SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 29, 2014
  5/28/2014SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Daniel Biss
  5/28/2014SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/29/2014SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/29/2014SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 007-000-000
  5/30/2014SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  5/30/2014SenateHouse Committee Amendment No. 1 Senate Concurs 057-000-000
  5/30/2014SenatePassed Both Houses
  6/27/2014SenateSent to the Governor
  8/26/2014SenateGovernor Approved
  8/26/2014SenateEffective Date January 1, 2015
  8/26/2014SenatePublic Act . . . . . . . . . 98-1119

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