™Your Policy Risk Impact Agent
48 chapters · 579 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…
