North Dakota Code 51-36-04 – Factors for claim of patent infringement not made in bad faith
A court may consider the following factors as evidence a person has not made a bad faith assertion of patent infringement:
Terms Used In North Dakota Code 51-36-04
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
1. The demand letter contains all of the information described in subsection 1 of section 51-36-03.
2. If the demand letter lacks the information described in subsection 1 of section 51-36-03 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 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.