Montana § 30-13-153 Remedies For Bad Faith Assertion Of Patent Right

Montana Statutes

§ 30-13-153 — Remedies For Bad Faith Assertion Of Patent Right

Montana·Title 30 TRADE AND COMMERCE·Ch. 13 ASSUMED BUSINESS NAMES, TRADEMARKS, AND RELATED RIGHTS·Part 1 General Provisions

30-13-153 . Remedies for bad faith assertion of patent right.

(1)The attorney general may enforce 30-13-151 through 30-13-154 and conduct civil investigations and bring civil actions for violations of 30-13-151 through 30-13-154 .

(2)In an action brought by the attorney general under 30-13-151 through 30-13-154 , the court may award or impose any relief available under 30-13-154 .

(3)An intended recipient or affiliated person may bring a cause of action for a violation of 30-13-151 through 30-13-154 and may seek relief provided for in 30-13-154 .

(4)In addition to the relief provided for in 30-13-154 , upon a motion by the attorney general or a party bringing a claim pursuant to subsection (3) and a finding by the court that there is a reasonable likelihood that a person violated 30-13

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30-13-153 . Remedies for bad faith assertion of patent right. (1) The attorney general may enforce 30-13-151 through 30-13-154 and conduct civil investigations and bring civil actions for violations of 30-13-151 through 30-13-154 .
(2) In an action brought by the attorney general under 30-13-151 through 30-13-154 , the court may award or impose any relief available under 30-13-154 .
(3) An intended recipient or affiliated person may bring a cause of action for a violation of 30-13-151 through 30-13-154 and may seek relief provided for in 30-13-154 .
(4) In addition to the relief provided for in 30-13-154 , upon a motion by the attorney general or a party bringing a claim pursuant to subsection (3) and a finding by the court that there is a reasonable likelihood that a person violated 30-13-152 , the court may require the person to post a bond in an amount equal to a good faith estimate of the costs to litigate a claim and amounts reasonably likely to be recovered if an action were to be brought pursuant to this section. A hearing must be held upon request of any party.

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