48-1701. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature of the state of Idaho finds that: (a) Idaho is striving to build an entrepreneurial and knowledge-based economy. Attracting and nurturing information technology (IT) and other knowledge-based companies are important parts of this effort and will be beneficial to Idaho’s future. (b) Patents are essential to encouraging […]
48-1702. DEFINITIONS. As used in this chapter: (1) "Demand letter" means a letter, e-mail or other communication asserting or claiming that the target has engaged in patent infringement, or that the actions of the target would benefit from the grant of a license to any patent, or any similar assertion. (2) "Idaho person" means a […]
48-1703. BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT. (1) It is unlawful for a person to make a bad faith assertion of patent infringement in a demand letter, a complaint or any other communication. (2) A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement: […]
48-1704. PERSONAL JURISDICTION. Any person outside this state sending a demand letter to an Idaho person shall be deemed to be transacting business within this state within the meaning of section 5-514(a), Idaho Code, and shall thereby be subject to the jurisdiction of the courts of this state. History: [48-1704, added 2014, ch. 277, sec. […]
48-1705. AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURTS. The attorney general and the district court shall have the same authority in enforcing and carrying out the provisions of this chapter as is granted the attorney general and district courts under the Idaho consumer protection act, chapter 6, title 48, Idaho Code. History: [48-1705, added […]
48-1706. PRIVATE CAUSE OF ACTION, REMEDIES AND DAMAGES — LIMITATION OF ACTION. (1) A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules promulgated under chapter 6, title 48, Idaho Code, may bring an action in district court. A court […]
48-1707. BOND. Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount equal to a good […]
48-1708. EXEMPTIONS. A demand letter or assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. section 271(e)(2) shall not be subject to the provisions of this chapter. History: [48-1708, added 2014, ch. 277, sec. 1, p. 702.]
