Title 37 — TRADE REGULATION
48 chapters · 598 sections in this title.
SDCL § 37-36-1 Definitions
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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; (2) "Target," any person: (a) Who receives a demand letter or against whom an assertion or allegation of pate…
SDCL § 37-36-2 Bad faith assertion of patent infringement prohibited
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No person may make a bad faith assertion of patent infringement as prohibited by the provisions of this chapter. Source: SL 2014, ch 192 , § 2.
SDCL § 37-36-3 Factors for bad faith assertion of infringement
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A court may consider the following factors as evidence that a person has 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; …
SDCL § 37-36-4 Factors for claim of patent infringement not made in bad faith
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A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement: (1) The demand letter contains all of the information described in subdivision 37-36-3(1); (2) If the demand letter lacks the information described in s…
SDCL § 37-36-5 Bond
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Upon motion by a target and a finding by the court that the target has established a reasonable likelihood that 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 g…
SDCL § 37-36-6 Action by attorney general
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The attorney general may bring civil actions, and enter into assurances of discontinuance as provided under chapter 37-24 . In an action brought by the attorney general under this chapter the court may award or impose any relief available under chapter 37-24 . Source: SL 2014, ch…
SDCL § 37-36-7 Action by person aggrieved--Available remedies
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A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules promulgated pursuant to this chapter, may bring an action in a court of proper jurisdiction. A court may award the following remedies t…
SDCL § 37-36-8 Patent enforcement not a deceptive trade act or practice
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It is not a deceptive trade act or practice for any person who 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, to notify another of the…
SDCL § 37-36-9 Exempt demand letters
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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,…