§ 24-11-3-3 — Factors as evidence of not bad faith

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 the information described in
section 2(a)(1) of this chapter.
(2) If the:
(A) demand letter lacks the information described in section
2(a)(1) of this chapter; and
(B) target requests the information;
the person provides the information to the target within a
reasonable period of time.
(3) The person engages in a good faith effort to:
(A) establish that the target has infringed the patent; and
(B) negotiate an appropriate remedy.
(4) The person makes a substantial investment in the:
(A) use of the patent; or
(B) 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
(B) if the patent was filed by and awarded to an assignee of the
original inventor or joint inventor, the original assignee.
(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.

Legislative History

As added by P.L.172-2015, SEC.1.