Section 6-41.1-1. – Legislative findings and statement of purpose.

§ 6-41.1-1. Legislative findings and statement of purpose. (a) Rhode Island is striving to build an entrepreneurial- and knowledge-based economy. Attracting and nurturing internet technology (“IT”) and other knowledge-based companies is an important part of this effort and will be beneficial to Rhode Island’s future. (b) Patents are essential to encouraging innovation, especially in the […]

Section 6-41.1-2. – Definitions.

§ 6-41.1-2. 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; (2) “Person” means any natural person or the estate of any natural person, or trust or association of persons, whether formal or otherwise, or any corporation, […]

Section 6-41.1-3. – Bad-faith assertions of patent infringement.

§ 6-41.1-3. Bad-faith assertions of patent infringement. (a) A person shall not make a bad-faith assertion of patent infringement. (b) A court may consider the following factors as evidence that a person has made a bad-faith assertion of patent infringement: (1) The demand letter does not contain the following information: (i) The patent number; (ii) […]

Section 6-41.1-4. – Exemptions.

§ 6-41.1-4. Exemptions. A demand letter or assertion of patent infringement that includes a claim for relief under 35 U.S.C. § 271(e)(2) shall not be subject to the provisions of this chapter. History of Section.P.L. 2016, ch. 74, § 1; P.L. 2016, ch. 76, § 1.

Section 6-41.1-5. – Bond.

§ 6-41.1-5. 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-faith […]

Section 6-41.1-6. – Enforcement, remedies, and damages.

§ 6-41.1-6. Enforcement, remedies, and damages. (a) The attorney general shall have the same authority under this chapter to conduct civil investigations, bring civil actions, and enter into assurances of discontinuances pursuant to chapter 36 of title 6 “antitrust law” or assurances of voluntary compliance pursuant to chapter 13.1 of title 6 “deceptive trade practices.” […]