New proposed federal legislation would affect patent litigation in California and injunction proceedings. U.S. House Resolution 6245, or popularly known as the S.H.I.E.L.D Act (Saving High-tech Innovators from Egregious Legal Disputes) would require patent holders defined as Non Producing Entities (NPE) to pay for the defendants legal fees if the patent infringement case is found to be frivolous. Furthermore, the act would require all NPE plaintiffs in patent infringement cases to procure an Injunction Bond before the court would hear the case. The Injunction bond would be for the amount of the defendants estimated legal fees. California is home to many of the country’s high tech patent holders and the passing of the Shield Act would change the California Intellectual Property Law industry would be significantly affected. In addition, the Shield Act and would increase the demand for Injunction Bonds in these Civil Court cases. Jurisco is one of the country’s leaders in all civil court bonds, both plaintiff and defendant, and they are up to date on all California Injunction bond requirements.
The Shield act would not, however, change the current requirements regarding Injunction and Appeal bonds in the California. Superior courts are requiring surety bonds for many trademark and intellectual property law cases around the state.
The bond experts at Jurisco will continue to monitor the Shield Act’s progress through congress, and they are available to answer any of your questions regarding these proposed changes.