Skip to main content
Find a Lawyer

North Dakota Century Code Title 51. Sales and Exchanges § 51-36-04. Factors for claim of patent infringement not made in bad faith

Current as of January 01, 2024 | Updated by Findlaw Staff

A court may consider the following factors as evidence a person has not made a bad faith assertion of patent infringement:

1. The demand letter contains all of the information described in subsection 1 of section 51-36-03.

2. If the demand letter lacks the information described in subsection 1 of section 51-36-03 and the target requests the information, the person provides the information within a reasonable period of time.

3. The person engages in a good faith effort to establish the target has infringed the patent and to negotiate an appropriate remedy.

4. The person makes a substantial investment in the use of the patent or in the 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, in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, is the original assignee; or

b. An institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education.

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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - North Dakota Century Code Title 51. Sales and Exchanges § 51-36-04. Factors for claim of patent infringement not made in bad faith - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-51-sales-and-exchanges/nd-cent-code-sect-51-36-04/

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.

Was this helpful?

Welcome to FindLaw's Cases & Codes

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.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

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.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard