South Dakota § 37-36-4 Factors for claim of patent infringement not made in bad faith.

South Dakota Statutes

§ 37-36-4 — Factors for claim of patent infringement not made in bad faith.

South Dakota·Title 37 TRADE REGULATION·Ch. 37-36 BAD FAITH ASSERTION OF PATENT INFRINGEMENT

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

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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.

South Dakota § 37-36-4 (Factors for claim of patent infringement not made in bad faith.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.