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Arizona Revised Statutes Title 44. Trade and Commerce § 44-1421. Definitions

Current as of January 01, 2025 | Updated by Findlaw Staff

In this article, unless the context otherwise requires:

1. “Assertion of patent infringement” means any of the following:

(a) Sending or delivering a demand to a target.

(b) Threatening a target with litigation and asserting or alleging that the target has engaged in patent infringement.

(c) Sending or delivering a demand to the customers of a target.

(d) Making assertions or allegations, other than those made in litigation against a target, that a target has engaged in patent infringement or that a target should obtain a license to a patent in order to avoid litigation.

2. “Claim” means the scope of the patent owner's exclusive rights to the use and control of the patent owner's invention.

3. “Demand” means a letter, an e-mail or any other communication asserting that a person has engaged in patent infringement or should obtain a license to a patent but does not include a petition filed in a court of competent jurisdiction.

4. “Person” means any individual, corporation, partnership, limited liability company, governmental entity, institution of higher education or other legal or commercial entity.

5. “Target” means any of the following:

(a) A person that has received a demand or against whom an assertion of patent infringement has been made and who has information indicating the assertion was made in bad faith pursuant to § 44-1422.

(b) A person that has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement and who has information indicating the assertion of patent infringement was made in bad faith pursuant to § 44-1422.

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Cite this article: FindLaw.com - Arizona Revised Statutes Title 44. Trade and Commerce § 44-1421. Definitions - last updated January 01, 2025 | https://codes.findlaw.com/az/title-44-trade-and-commerce/az-rev-st-sect-44-1421/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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