Section 8-12A-1 Definitions. The following terms shall have the following meanings: (1) DEMAND LETTER. A letter, e-mail, or other communication asserting or claiming that the target has engaged in patent infringement. (2) TARGET. A person located in this state that satisfies any of the following: a. Has received a demand letter alleging that a patent […]
Section 8-12A-2 Assertion of patent infringement in bad faith. (a) A person may not assert a claim of patent infringement in bad faith. (b) The Attorney General may investigate claims of patent infringement alleged to have been made in bad faith and may do both of the following: (1) Issue subpoenas to any person to […]
Section 8-12A-3 Commencement of actions. An action under Section 8-12A-2 shall be commenced no later than five years after the violation occurred. (Act 2014-218, p. 686, §3.)
Section 8-12A-4 Enforcement and licensing of patent. Provided that the assertion of patent infringement is not made in bad faith, nothing in this chapter shall be construed to deem it a violation of this chapter for any person who owns or has the right to license or enforce a patent to advise others of that […]
Section 8-12A-5 Violations. Any person who continuously and willfully violates Section 8-12A-2 shall be guilty of a Class A misdemeanor. (Act 2014-218, p. 686, §5.)
Section 8-12A-6 Construction of chapter. (a) This chapter shall not be construed to limit rights and remedies available to the State of Alabama or to any person under any other law and shall not alter or restrict the Attorney General’s authority under law with regard to conduct involving assertions of patent infringement. (b) This chapter […]
Section 8-12A-7 Relation to federal law. A demand letter or civil action that includes a claim for relief arising under 35 U.S.C. § 271(e)(2) is not subject to the requirements of this chapter. (Act 2014-218, p. 686, §7.)
