Virginia Hops On The Anti-Troll Train

On Wednesday, it was reported that the Virginia General Assembly passed legislation from the House and Senate designed to crack down on misleading patent troll demand letters.  Virginia's efforts come on the heels of  a letter from over 40 state and territorial attorneys general to the U.S. Senate's Commerce and Judiciary Committees urging federal patent litigation reform.

Virginia, like other states (e.g., Kentucky and Oregon), has expressed concern over its small businesses being targeted with baseless letters threatening patent infringement.  In an effort to provide some protection from frivolous claims, Virginia established criteria for when a claim has been made in "bad faith" (e.g., failing to specify how the target is infringing, etc.).  More importantly, the legislation grants the Virginia Attorney General's Office enforcement power to curb unwanted troll behavior.