Effective 5/13/2014 78B-6-1901. Title — Purpose. (1) This part is known as the “Distribution of Bad Faith Patent Infringement Letters Act.” (2) The Legislature acknowledges that it is preempted from passing any law that conflicts with federal patent law. However, this part seeks to protect Utah businesses from the use of demand letters containing abusive […]
Effective 5/13/2014 78B-6-1903. Prohibition against distribution of demand letters containing bad faith assertions of patent infringement. (1) A sponsor may not distribute a demand letter to a target that includes a bad faith assertion of patent infringement. (2) A court may consider the following factors as evidence in determining whether a sponsor has or has […]
Effective 5/10/2016 78B-6-1904. Action — Enforcement — Remedies — Damages. (1) A target who has received a demand letter asserting patent infringement in bad faith, or a person aggrieved by a violation of this part, may bring an action in district court. The court may award the following remedies to a target who prevails in […]
Effective 5/13/2014 78B-6-1905. Bond. (1) Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a sponsor has made a bad faith assertion of patent infringement in a demand letter in violation of this part, the court shall require the sponsor to post a bond […]
