CODE OF VIRGINIA

DEFINITIONS (§ 59.1-215.1)

As used in this chapter, unless the context requires a different
meaning:”Assertion of patent infringement” means (i) sending or
delivering a demand letter to a target; (ii) threatening a target with
litigation asserting, alleging, or claiming that the target has engaged in
patent infringement; (iii) sending or delivering a demand letter to the
customers of a target; or (iv) otherwise making claims 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.”Demand letter” means a letter, email, or
other communication asserting, alleging, or claiming that the target has engaged
in patent infringement, or that a target should obtain a license to a patent in
order to avoid litigation, or any similar assertion.”Patent
infringement” means any conduct that constitutes infringement pursuant to
applicable law, including 35 U.S.C. § 271, as amended.”Target”
means a person residing in, conducting substantial business in, or having its
principal place of business in the Commonwealth and with respect to whom an
assertion of patent infringement is made.

HISTORY: 2014, cc. 810, 819.