§ 24-11-5-1 — Civil actions; expenses and costs; remedies

Indiana § 24-11-5-1

• Jurisdiction: Indiana
• Art. 11: BAD FAITH ASSERTIONS OF PATENT
• Ch. 5: Remedies and Damages

Text

(a) A target, or a person aggrieved by a
violation of:
(1) this article; or
(2) rules adopted under this article;
may bring an action in a court with jurisdiction.
(b) A person shall, not later than thirty (30) days after filing a
complaint with a court in an action under subsection (a), mail or deliver
a copy of the complaint to the office of the attorney general.
(c) A court may award reasonable attorney's fees, litigation
expenses, and costs to a person who prevails in an action under
subsection (a).
(d) A court may, in addition to fees, expenses, and costs under
subsection (c), award any or all of the following to a complainant who
prevails in an action under subsection (a):
(1) Declaratory or equitable relief.
(2) The greater of:
(A) actual damages; or
(B) liquidated damages for each complainant who prevails in
the sum of five thousand dollars ($5,000) for each demand
letter that the complainant received.
(3) Punitive damages in the amount of the greater of:
(A) fifty thousand dollars ($50,000); or
(B) three (3) times the amount of actual damages.

Legislative History

As added by P.L.172-2015, SEC.1. Amended by P.L.149-2016, SEC.75.