Section 37-36-9 – Exempt demand letters.
37-36-9.Exempt demand letters. This chapter does not apply to any demand letter sent by: (1)Any corporation traded on a public stock exchange or any entity owned or controlled by such corporation; (2)Any owner of the patent who is using the patent in connection with the production, manufacturing, processing, or delivery of products or materials; (3)Any […]
Section 37-36-1 – Definitions.
37-36-1. Definitions. Terms used in this chapter mean: (1)”Demand letter,” any letter, e-mail, or other communication asserting or claiming that the target has engaged in patent infringement; (2)”Target,” any person: (a)Who receives a demand letter or against whom an assertion or allegation of patent infringement is made; (b)Who is threatened with litigation or against whom […]
Section 37-36-2 – Bad faith assertion of patent infringement prohibited.
37-36-2. Bad faith assertion of patent infringement prohibited. No person may make a bad faith assertion of patent infringement as prohibited by the provisions of this chapter. Source: SL 2014, ch 192, §2.
Section 37-36-3 – Factors for bad faith assertion of infringement.
37-36-3. Factors for bad faith assertion of infringement. 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: (a)The patent number; (b)The name and address of the patent owner and assignee, if any; or (c)Factual […]
Section 37-36-4 – Factors for claim of patent infringement not made in bad faith.
37-36-4. Factors for claim of patent infringement not made in bad faith. A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement: (1)The demand letter contains all of the information described in subdivision 37-36-3(1); (2)If the demand letter lacks the information described in […]
Section 37-36-5 – Bond.
37-36-5. Bond. Upon motion by a target and a finding by the court that the 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 37-36-6 – Action by attorney general.
37-36-6. Action by attorney general. The attorney general may bring civil actions, and enter into assurances of discontinuance as provided under chapter 37-24. In an action brought by the attorney general under this chapter the court may award or impose any relief available under chapter 37-24. Source: SL 2014, ch 192, §6.
Section 37-36-7 – Action by person aggrieved–Available remedies.
37-36-7. Action by person aggrieved–Available remedies. 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 pursuant to this chapter, may bring an action in a court of proper jurisdiction. A court may award the following remedies to a […]
Section 37-36-8 – Patent enforcement not a deceptive trade act or practice.
37-36-8. Patent enforcement not a deceptive trade act or practice. It is not a deceptive trade act or practice for any person who owns or has the right to license or enforce a patent to notify another of that ownership or right of license or enforcement, to notify another that the patent is available for […]