In this chapter, unless the context or subject matter otherwise requires:

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Terms Used In North Dakota Code 51-36-01

  • Allegation: something that someone says happened.
  • 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.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

1.    “Demand letter” means a letter, electronic mail, or other communication asserting or claiming the target engaged in patent infringement.

2.    “Target” means any person:

a.    That receives a demand letter or against whom an assertion or allegation of patent infringement is made; b.    That is threatened with litigation or against whom a lawsuit is filed alleging patent infringement; or

c.    Whose customer receives a demand letter asserting that the person’s product, service, or technology infringes a patent.