(815 ILCS 505/2RRR)
(Text of Section from P.A. 98-1116)
Sec. 2RRR. Household goods recycling bins.
(a) Notwithstanding any other provision of law, a person or entity owning, operating, or maintaining a household goods recycling bin shall have a permanent, written, printed label affixed to the bin that is prominently displayed and includes the following: (1) the name, address, and contact information of the person or entity owning, operating, or maintaining that bin; and (2) whether the person or entity owning, operating, or maintaining the bin is a not for profit entity or a for profit entity. A person or entity who violates this Section commits an unlawful practice within the meaning of this Act.
(b) As used in this Section:
"Household goods recycling bin" or "bin" means a
container or receptacle held out to the public as a place for people to discard clothes, shoes, books, and other recyclable items until they are taken away for resale, re-use, recycling, or redistribution by the person or entity that owns, operates, or maintains the bin.
"Not for profit entity" means any entity that is
officially recognized by the United States Internal Revenue Service as a tax-exempt entity described in Section 501(c)(3) of the Internal Revenue Code of 1986 (or any successor provision of federal tax law).
(Source: P.A. 98-1116, eff. 1-1-15.)
(Text of Section from P.A. 98-1119)
Sec. 2RRR. Unfair or deceptive patent infringement demand letters.
(a) As used in this Section:
"Affiliated person" means a person affiliated with the intended recipient of a written or electronic communication.
"Intended recipient" means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the commercial market and that is, or later becomes, the subject of a patent infringement allegation.
(b) It is an unlawful practice under this Act for a person, in connection with the assertion of a United States patent, to send or cause any person to send any written, including electronic, communication that states that the intended recipient or any affiliated person is infringing or has infringed a patent and bears liability or owes compensation to another person, if:
(1) the communication falsely threatens that
administrative or judicial relief will be sought if compensation is not paid or the infringement issue is not otherwise resolved;
(2) the communication falsely states that litigation
has been filed against the intended recipient or any affiliated person;
(3) the assertions contained in the communication
lack a reasonable basis in fact or law because:
(A) the person asserting the patent is not a
person, or does not represent a person, with the current right to license the patent to or enforce the patent against the intended recipient or any affiliated person;
(B) the communication seeks compensation for a
patent that has been held to be invalid or unenforceable in a final, unappealable or unappealed, judicial or administrative decision; or
(C) the communication seeks compensation on
account of activities undertaken after the patent has expired; or
(4) the content of the communication fails to
include information necessary to inform an intended recipient or any affiliated person about the patent assertion by failing to include the following:
(A) the identity of the person asserting a right
to license the patent to or enforce the patent against the intended recipient or any affiliated person;
(B) the patent issued by the United States
Patent and Trademark Office alleged to have been infringed; and
(C) the factual allegations concerning the
specific areas in which the intended recipient's or affiliated person's products, services, or technology infringed the patent or are covered by the claims in the patent.
(c) Nothing in this Section 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.
(Source: P.A. 98-1119, eff. 1-1-15.)
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Last modified: February 18, 2015