South Dakota Statutes

§ 37-36-7 — Action by person aggrieved--Available remedies.

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

A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules promulgated pursuant to this chapter, may bring an action in a court of proper jurisdiction. A court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this section:

(1)Equitable relief;
(2)Damages;
(3)Costs and fees, including reasonable attorney fees; and (4) Exemplary damages in an amount equal to fifty thousand dollars or three times the total of damages, costs, and fees, whichever is greater.

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Legislative History

SL 2014, ch 192, § 7.

Nearby Sections

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