44-1421. Definitions

260 words·~1 min read·/az/title-44/44-1421

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this article, unless the context otherwise requires:

1. "Assertion of patent infringement" means any of the following:

(a)Sending or delivering a demand to a target.

(b)Threatening a target with litigation and asserting or alleging that the target has engaged in patent infringement.

(c)Sending or delivering a demand to the customers of a target.

(d)Making assertions or allegations, other than those made in litigation against a target, that a target has engaged in patent infringement or that a target should obtain a license to a patent in order to avoid litigation.

2. "Claim" means the scope of the patent owner's exclusive rights to the use and control of the patent owner's invention.

3. "Demand" means a letter, an e-mail or any other communication asserting that a person has engaged in patent infringement or should obtain a license to a patent but does not include a petition filed in a court of competent jurisdiction.

4. "Person" means any individual, corporation, partnership, limited liability company, governmental entity, institution of higher education or other legal or commercial entity.

5. "Target" means any of the following:

(a)A person that has received a demand or against whom an assertion of patent infringement has been made and who has information indicating the assertion was made in bad faith pursuant to section 44-1422.

(b)A person that has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement and who has information indicating the assertion of patent infringement was made in bad faith pursuant to section 44-1422.