Arizona Laws 44-1421. Definitions
In this article, unless the context otherwise requires:
Terms Used In Arizona Laws 44-1421
- Assertion of patent infringement: means any of the following:
(a) Sending or delivering a demand to a target. See Arizona Laws 44-1421
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Demand: means a letter, an e-mail or any other communication asserting that a person has engaged in patent infringement or should obtain a license to a patent but does not include a petition filed in a court of competent jurisdiction. See Arizona Laws 44-1421
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any individual, corporation, partnership, limited liability company, governmental entity, institution of higher education or other legal or commercial entity. See Arizona Laws 44-1421
- Target: means any of the following:
(a) A person that has received a demand or against whom an assertion of patent infringement has been made and who has information indicating the assertion was made in bad faith pursuant to section 44-1422. See Arizona Laws 44-1421
1. "Assertion of patent infringement" means any of the following:
(a) Sending or delivering a demand to a target.
(b) Threatening a target with litigation and asserting or alleging that the target has engaged in patent infringement.
(c) Sending or delivering a demand to the customers of a target.
(d) Making assertions or allegations, other than those made in litigation against a target, that a target has engaged in patent infringement or that a target should obtain a license to a patent in order to avoid litigation.
2. "Claim" means the scope of the patent owner’s exclusive rights to the use and control of the patent owner’s invention.
3. "Demand" means a letter, an e-mail or any other communication asserting that a person has engaged in patent infringement or should obtain a license to a patent but does not include a petition filed in a court of competent jurisdiction.
4. "Person" means any individual, corporation, partnership, limited liability company, governmental entity, institution of higher education or other legal or commercial entity.
5. "Target" means any of the following:
(a) A person that has received a demand or against whom an assertion of patent infringement has been made and who has information indicating the assertion was made in bad faith pursuant to section 44-1422.
(b) A person that has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement and who has information indicating the assertion of patent infringement was made in bad faith pursuant to section 44-1422.