The proposed law is useless. Other states have similar laws -- they are useless.
The problem is that they rely on infringement claims being made in "bad faith." Patent trolls never make claims that would trigger these bad faith conditions.
Or, if they had made qualifying "bad faith" claims in the past, it is trivial to update their demand letters to avoid triggering the bad faith clauses in these bills or laws.
I think the laws are also useless because they require that claims be filed in Massachusetts.
The article mentions cloudflare a bunch, but they are based out of California. I don't even know of them being sued by a patent troll in Massachusetts.
Can a state even regulate legal claims made regarding federal laws? It seems that this would be stepping on the federal government's exclusive authority over patent law.
The problem is that they rely on infringement claims being made in "bad faith." Patent trolls never make claims that would trigger these bad faith conditions.
Or, if they had made qualifying "bad faith" claims in the past, it is trivial to update their demand letters to avoid triggering the bad faith clauses in these bills or laws.