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 § 37-36-4

Title 37TRADE REGULATION

Ch. 37-36BAD FAITH ASSERTION OF PATENT INFRINGEMENT

This text of South Dakota § 37-36-4 (Factors for claim of patent infringement not made in bad faith.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 37-36-4 (2026).

Text

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.