Terms used in this chapter mean:

(1) “Demand letter,” any letter, e-mail, or other communication asserting or claiming that the target has engaged in patent infringement;

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Terms Used In South Dakota Codified Laws 37-36-1

  • 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: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) “Target,” any person:

(a) Who receives a demand letter or against whom an assertion or allegation of patent infringement is made;

(b) Who 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.

Source: SL 2014, ch 192, § 1.