Utah Code 78B-6-1904. Action — Enforcement — Remedies — Damages
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(1)
Terms Used In Utah Code 78B-6-1904
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Demand letter: means a letter, email, or other written communication directed to a target and asserting or claiming that the target has engaged in patent infringement. See Utah Code 78B-6-1902
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Target: means a person or entity residing in, incorporated in, or organized under the laws of this state that has received a demand letter and includes the customers, distributors, and agents of the person or entity. See Utah Code 78B-6-1902
(1)(a) A target who has received a demand letter asserting patent infringement in bad faith, or a person aggrieved by a violation of this part, may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.(1)(b) The court may award the following remedies to a target who prevails in an action brought pursuant to this part:(1)(b)(i) equitable relief;(1)(b)(ii) actual damages;(1)(b)(iii) costs and fees, including reasonable attorney fees; and(1)(b)(iv) punitive damages in an amount to be established by the court, of not more than the greater of $50,000 or three times the total of damages, costs, and fees.
(2)
(2)(a) The attorney general may conduct civil investigations and bring civil actions pursuant to this part.
(2)(b) In an action brought by the attorney general under this part, the court may award or impose any relief the court considers prudent, including the following:
(2)(b)(i) equitable relief;
(2)(b)(ii) statutory damages of not less than $750 per demand letter distributed in bad faith; and
(2)(b)(iii) costs and fees, including reasonable attorney fees, to the attorney general.
(3) This part may not be construed to limit other rights and remedies available to the state or to any person under any other law.
(4) A demand letter or assertion of a patent infringement that includes a claim for relief arising under 35 U.S.C. § 271(e)(2) is not subject to the provisions of this part.
(5) The attorney general shall annually provide an electronic report to the Executive Appropriations Committee regarding the number of investigations and actions brought under this part. The report shall include:
(5)(a) the number of investigations commenced;
(5)(b) the number of actions brought under the provisions of this part;
(5)(c) the current status of actions brought under Subsection (5)(b); and
(5)(d) final resolution of actions brought under this part, including any recovery under Subsection (2).