As used in this article, the term: “Claims in the patent” means the extent of protection conferred by a patent. “Demand letter” means a letter, e-mail, or other written communication asserting or claiming that the target has engaged in patent infringement. “Target” means a person: Who has received a demand letter or against whom an […]
A person shall not make a bad faith assertion of patent infringement. A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement: The demand letter does not contain the following information: The patent number; The name and address of the patent owner or owners […]
If proceedings are initiated in a court of competent jurisdiction by the author of a demand letter or the author’s agent, principal, client, or employee, a target may move that a bad faith assertion of patent infringement has been made in violation of this article and request that a protective order be issued as described […]
A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the “Fair Business Practices Act,” and the enforcement against any such violation shall be by public enforcement by the Attorney General and shall be enforceable through […]
A demand letter or civil action 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 article. History. Code 1981, § 10-1-774 , enacted by Ga. L. 2014, p. 208, § 1/HB 809. U.S. Code. Federal provisions on […]
