Section 48-1911 – SERVICE OF NOTICE.
48-1911. SERVICE OF NOTICE. Service of any notice, demand, or subpoena under this chapter shall be made pursuant to section 48-613, Idaho Code. History: [48-1911, added 2020, ch. 321, sec. 1, p. 926.]
Section 48-1912 – VIOLATION OF INJUNCTION, CONSENT JUDGMENT, OR ORDER — CIVIL PENALTY.
48-1912. VIOLATION OF INJUNCTION, CONSENT JUDGMENT, OR ORDER — CIVIL PENALTY. Any person who violates the terms of a consent judgment entered pursuant to section 48-1909, Idaho Code, or an injunction issued or an order or judgment entered pursuant to section 48-1910, Idaho Code, shall forfeit and pay to the state a civil penalty of […]
Section 48-1913 – PENALTIES AND FEES RECOVERED — DISPOSITION.
48-1913. PENALTIES AND FEES RECOVERED — DISPOSITION. Any civil penalties, costs, or attorney’s fees sued for and recovered by the attorney general under this chapter shall be remitted to the consumer protection fund created in section 48-606, Idaho Code, and shall be used for the furtherance of the attorney general’s duties and activities under the […]
Section 48-1914 – CHARITABLE ASSETS RECOVERED — CY PRES — RESTITUTION RECOVERED.
48-1914. CHARITABLE ASSETS RECOVERED — CY PRES — RESTITUTION RECOVERED. (1) Any charitable assets sued for and recovered by the attorney general under this chapter shall be conveyed: (a) To the injured charitable organization to restore its misappropriated, lost, or diverted charitable assets; or (b) To any charitable organization with a similar charitable purpose as […]
Section 48-1702 – DEFINITIONS.
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 […]
Section 48-1703 – BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT.
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: […]
Section 48-1704 – PERSONAL JURISDICTION.
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. […]
Section 48-1705 – AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURTS.
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 […]
Section 48-1706 – PRIVATE CAUSE OF ACTION, REMEDIES AND DAMAGES — LIMITATION OF ACTION.
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 […]
Section 48-1707 – BOND.
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 […]