October 4, 2022

Volume XII, Number 277

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October 03, 2022

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Illinois Outlaws Deceptive Patent Infringement Letters

Effective January  1, 2015, Illinois will have a statute prohibiting persons from sending letters claiming that the recipient is infringing a patent and that litigation has been filed or will be filed, or other deceptive conduct aimed at mass mailings.  The statute is an amendment to the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505.2).  It makes it unlawful for someone to send letters (or emails) claiming that the recipient is infringing or has infringed a patent and owes compensation if: (1) the communication falsely threatens that a lawsuit will be filed if compensation is not paid; (2) the communication falsely states that litigation has been filed against the recipient; (3) the communication is misleading because the sender does not have the right to enforce the patent, the patent has been held invalid or unenforceable, or the communication seeks compensation for a period after the patent expired.  It is also a violation if the communication fails to include certain basic information concerning the identity of the person asserting the right, the patent number, and the alleged infringement.  The statute provides for a private cause of action and enforcement by the Illinois Attorney General.  

© 2022 Honigman Miller Schwartz and Cohn LLP National Law Review, Volume IV, Number 317
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William Berndt  Honigman Miller trade secrets false advertising trade secret law
Partner

 Mr. Berndt is a trial lawyer with substantial experience in state and federal courts across the country. He focuses his practice on trade secret and false advertising claims. He represents businesses and senior executives in disputes relating to noncompetition agreements, trademark and copyright, fraud, professional liability, internal investigations, and general business and commercial litigation. Mr. Berndt has first-chair experience in trials, arbitrations and other proceedings.

  • Litigates requests for emergency relief such as temporary...
312.701.9376
David L. De Bruin appellate attorney patent litigation USPTO Honigman Chicago
Of Counsel

Mr. De Bruin is a seasoned first-chair trial and appellate attorney. He concentrates his practice on patent litigation and related proceedings before the United States Patent and Trademark Office. Mr. De Bruin successfully argues legal issues, as well as explain the most complex technology to judges and juries.

  • Tries patent cases in a variety of venues before judges and juries and has successfully argued numerous patent cases before the Federal Circuit Court of Appeals
  • Represents clients in a wide array of technology ranging from mechanical and electrical devices...
312.701.9328
Marcus D. Fruchter lawyer Honigman Chicago office litigation specialist
Partner

Mr. Fruchter defends or initiates litigation when it is inevitable and avoids lawsuits where possible. He provides zealous and creative representation that protects his clients’ legal rights and advances their strategic objectives. Mr. Fruchter litigates in state and federal courts across the country, and he has handled matters involving international and cross-border issues.

  • Resolves disputes for clients in a variety of areas, including intellectual property, commercial fraud, securities investigations, contract interpretation and enforcement, and professional malpractice...
312.701.9354
Nicholas A. Gowen Honigman Chicago complex commercial litigation attorney t
Partner

Mr. Gowen represents companies, individuals and law firms in disputes, including those involving intellectual property, trade secrets, unfair competition, employment matters and other business litigation matters. He approaches litigation with an eye toward results; understanding that advancing his clients’ litigation strategies should fit within their overall business interests.

  • Counsels businesses on ways to avoid litigation and resolve disputes using alternative measures
  • Authors articles on various business litigation topics
312.701.9395
Steven A Weiss Litigation attorney Honigman Law firm Chicago ediscovery
Leader, Complex Commercial Litigation Practice Group

Mr. Weiss provides advice on a wide variety of business litigation for companies and business people. He is focused on resolving business disputes with particular experience handling intellectual property, breach of contract, trade secret, employment and covenant not to compete matters. Local and national companies and individuals retain Mr. Weiss to handle a full range of business disputes because they trust his judgment and litigation skills.

  • Provides cost-effective representation that achieves results - either through settlement...
312.701.9311
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