As used in this chapter, unless the context requires a different meaning: “Assertion of patent infringement” means (i) sending or delivering a demand letter to a target; (ii) threatening a target with litigation asserting, alleging, or claiming that the target has engaged in patent infringement; (iii) sending or delivering a demand letter to the customers […]
A. A person shall not make, in bad faith, an assertion of patent infringement. B. The following shall constitute indicia that a person’s assertion of patent infringement was made in bad faith: 1. The demand letter does not contain: a. The number of the patent that is asserted, alleged, or claimed to have been infringed; […]
A. Whenever the Attorney General has reasonable cause to believe that any person has engaged in, or is engaging in, or is about to engage in, any violation of this chapter, the Attorney General is empowered to issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply mutatis mutandis to civil investigative demands […]
A demand letter or assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. § 271 (e)(2) or 42 U.S.C. § 262 shall not be subject to the provisions of this chapter. 2014, cc. 810, 819.
