US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Maryland Statutes » Commercial Law » Title 11 - Trade Regulation » Subtitle 16 - Bad Faith Assertions of Patent Infringement

Section 11-1601 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Claim” means the scope of the patent owner’s exclusive rights to the use and control of the patent owner’s invention.     (c)    “Demand letter” means a letter, an electronic mail, or any other written communication asserting that a person has engaged in patent infringement.     (d)    “Division” means the […]

Section 11-1602 – Applicability

    This subtitle does not apply to an 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.

Section 11-1603 – Prohibited Acts

    (a)    A person may not make an assertion of patent infringement against another in bad faith.     (b)    (1)    A court may consider the following factors as evidence that a person has made an assertion of patent infringement in bad faith:             (i)    The demand letter sent by the person does not contain:                 1.    The alleged patent number;                 2.    The name and address […]

Section 11-1605 – Civil Actions

    (a)    In addition to any action by the Division or Attorney General authorized by Title 13 of this article, a target may bring an action in an appropriate court to recover for injury or loss sustained as a result of a violation of this subtitle.     (b)    If a target prevails in an action brought under this subtitle […]