1. Short title This Act may be cited as the Targeting Rogue and Opaque Letters Act of 2018 . 2. Unfair or deceptive acts or practices in connection with the assertion of a United States patent (a) In general It shall be an unfair or deceptive act or practice within the meaning of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ) for a person, in connection with the assertion of a United States patent, to engage in a pattern or practice of sending written communications that state or represent that the recipients are or may be infringing, or have or may have infringed, the patent and bear liability or owe compensation to another, if— (1) the sender of the communications, in bad faith, states or represents in the communications that— (A) the sender is a person with the right to license or enforce the patent at the time the communications are sent, and the sender is not a person with such a right; (B) a civil action asserting a claim of infringement of the patent has been filed against the recipient; (C) a civil action asserting a claim of infringement of the patent has been filed against other persons; (D) legal action for infringement of the patent will be taken against the recipient; (E) the sender is the exclusive licensee of the patent asserted in the communications; (F) persons other than the recipient purchased a license for the patent asserted in the communications; (G) persons other than the recipient purchased a license, and the sender does not disclose that such license is unrelated to the alleged infringement or the patent asserted in the communications; (H) an investigation of the recipient’s alleged infringement occurred; or (I) the sender or an affiliate of the sender previously filed a civil action asserting a claim of infringement of the patent based on the activity that is the subject of the written communication when the sender knew such activity was held, in a final determination, not to infringe the patent