359-M:1 Definitions. – In this chapter: I. " Demand letter " means a letter, email, or other communication asserting or claiming that the target has engaged in patent infringement. II. " Target " means a New Hampshire person or business: (a) Who has received a demand letter or against whom an assertion or allegation […]
359-M:2 Bad Faith Assertions of Patent Infringement. – I. A person shall not make a bad faith assertion of patent infringement. II. A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement: (a) The demand letter does not contain the following information: (1) […]
359-M:3 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 […]
359-M:4 Enforcement; Remedies; Damages. – I. The attorney general may bring an action in superior court for appropriate relief, including a temporary or permanent injunction, to enforce the provisions of this chapter. II. A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter may bring […]
359-M:5 Exemption. – A demand letter or assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. section 271(e)(2) or 42 U.S.C. section 262 shall not be subject to the provisions of this chapter. Source. 2014, 197:2, eff. July 11, 2014.
