Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 3. 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 the information described in section 2(a)(1) of this chapter.
(2) If the:
(A) demand letter lacks the information described in section 2(a)(1) of this chapter; and
(B) target requests the information;
the person provides the information to the target within a reasonable period of time.
(3) The person engages in a good faith effort to:
(A) establish that the target has infringed the patent; and
(B) negotiate an appropriate remedy.
(4) The person makes a substantial investment in the:
(A) use of the patent; or
(B) production or sale of a product or item covered by the patent.
(5) The person is:
(A) the inventor or joint inventor of the patent; or
(B) if the patent was filed by and awarded to an assignee of the original inventor or joint inventor, the original assignee.
(6) The person has:
(A) demonstrated good faith business practices in previous efforts to enforce the patent or a substantially similar patent; or
(B) successfully enforced the patent, or a substantially similar patent, through litigation.
(7) Any other factor the court finds relevant.
Cite this article: FindLaw.com - Indiana Code Title 24. Trade Regulation § 24-11-3-3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-24-trade-regulation/in-code-sect-24-11-3-3/
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.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)