Title 51 — Sales and Exchanges
45 chapters · 316 sections in this title.
N.D.C.C. § 51-36-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 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 …
N.D.C.C. § 51-36-02 Bad faith assertion of patent infringement prohibited
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A person may not make a bad faith assertion of patent infringement as prohibited by this chapter.
N.D.C.C. § 51-36-03 Factors for bad faith assertion of infringement
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A court may consider any of the following factors as evidence a person made a bad faith assertion of patent infringement: 1. The demand letter does not contain the following information: a. The patent number; b. The name and address of the patent owner and assignee, if any; or c.…
N.D.C.C. § 51-36-04 Factors for claim of patent infringement not made in bad faith
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A court may consider the following factors as evidence a person has not made a bad faith assertion of patent infringement: 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 i…
N.D.C.C. § 51-36-05 Bond
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Upon motion by a target and a finding by the court that the target has established a reasonable likelihood a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount equal to a good f…
N.D.C.C. § 51-36-06 Private right of action
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A target of conduct involving assertions of patent infringement or a person aggrieved by a violation of this chapter may bring an action in a court of proper jurisdiction. A court may award the following remedies to a plaintiff that prevails in an action brought pursuant to this …
N.D.C.C. § 51-36-07 Enforcement - Powers - Remedies - Penalty
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The attorney general may enforce this chapter. The attorney general, in enforcing this chapter, has all the powers provided in chapter 51-15 and may seek all the remedies in chapter 51-15. Each act in violation of this chapter constitutes a separate violation of chapter 51-15. Th…
N.D.C.C. § 51-36-08 Exceptions
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This chapter does not apply to: 1. Any person that owns or has the right to license or enforce a patent to notify another of that ownership or right of license or enforcement, to notify another that the patent is available for license or sale; notify another of the infringement o…