Exempt demand letters

SDCL § 37-36-9 — under BAD FAITH ASSERTION OF PATENT INFRINGEMENT.

SDCL § 37-36-9

This chapter does not apply to any demand letter sent by: (1) Any corporation traded on a public stock exchange or any entity owned or controlled by such corporation; (2) Any owner of the patent who is using the patent in connection with the production, manufacturing, processing, or delivery of products or materials; (3) Any institution of higher education as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) as of January 1, 2014; or (4) Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education. Source: SL 2014, ch 192 , § 9.