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 […]
Section 48-1708 – EXEMPTIONS.
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.]
Section 48-1801 – SHORT TITLE.
48-1801. SHORT TITLE. This chapter shall be known and may be cited as the "Residential Solar Energy System Disclosure Act." History: [48-1801, added 2019, ch. 267, sec. 1, p. 781.]
Section 48-1802 – DEFINITIONS.
48-1802. DEFINITIONS. As used in this chapter: (1) "Consumer" means a person who, for primarily personal, family, or household purposes: (a) Purchases a residential solar energy system under a solar agreement; or (b) Leases a residential solar energy system under a system lease agreement. (2) "Residential solar energy system" means a solar energy system that: […]
Section 48-1803 – APPLICABILITY.
48-1803. APPLICABILITY. (1) The provisions of this chapter shall apply to any solar agreement entered into on or after October 1, 2019, between a solar retailer and a consumer including, but not limited to, a solar agreement that accompanies the transfer of ownership or lease of real property. (2) The provisions of this chapter shall […]