37-36-4. Factors for claim of patent infringement not made in bad faith.
218 words·~1 min read·
/sd/title-37/chapter-37-36/37-36-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 subdivision 37-36-3(1) and the target requests the information, the person provides the information within a reasonable period of time;
(3)The person engages in a good faith effort to establish that the target has infringed the patent and to negotiate an appropriate remedy;
(4)The person makes a substantial investment in the use of the patent or in the production or sale of a product or item covered by the patent;
(5)The person is:
(a)The inventor or joint inventor of the patent or, in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, is the original assignee; or
(b)An institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education;
(6)The person has:
(a)Demonstrated good faith business practices in previous efforts to enforce the patent, or a substantially similar patent; or
(b)Successfully enforced the patent, or a substantially similar patent, through litigation;
(7)Any other factor the court finds relevant.