77210359.1-215.2Virginia Decodedhttps://vacode.org2016Trade And CommerceBad Faith Assertions Of Patent InfringementBad faith assertions of patent infringement2014, cc. 810, 819.http://law.lis.virginia.gov/vacode/59.1-215.2//59.1-215.2/59.1/18.1/59.1-215.2

A person shall not make, in bad faith, an assertion of patent infringement.section

A

AA1

section

B

BB1

The demand letter does not contain: section

B

1

B1B12

The number of the patent that is asserted, alleged, or claimed to have been infringed; orsection

B

1

a

B1aB1a3

section

B

1

b

B1bB1b3

section

B

2

B2B22

The demand letter does not identify specific areas in which the products, services, and technology are covered by the claims in the patent.section

B

3

B3B32

The person offers to license the patent for an amount that is not based on a reasonable estimation of the value of a license to the patent.section

B

4

B4B42

section

B

5

B5B52

The assertion of patent infringement is deceptive, or the person threatens legal action that cannot legally be taken or that is not intended to be taken.section

B

6

B6B62

The person or its subsidiaries or affiliates have previously filed or threatened to file one or more lawsuits based on the same or similar assertion of patent infringement, the person attempted to enforce the assertion of patent infringement in litigation, and a court found the assertion to be objectively baseless or imposed sanctions for the assertion.section

B

7

B7B72

The patent alleged to be infringed was not in force at the time the allegedly infringing conduct occurred, or the patent claims alleged to be infringed have previously been held to be invalid.section

B

8

B8B82

section

C

CC1

The person engages in a reasonable effort under the circumstances to establish that the target has infringed the patent and to negotiate an appropriate remedy.section

C

1

C1C12

The person makes a substantial investment in the use of the patent or in the development, production, or sale of a product or item covered by the patent.section

C

2

C2C22

The person has: section

C

3

C3C32

Demonstrated good faith in previous efforts to enforce the patent or a substantially similar patent; orsection

C

3

a

C3aC3a3

Successfully enforced the patent, or a substantially similar patent, through litigation.section

C

3

b

C3bC3b3

The person is an institution of higher education or a technology transfer office organization owned by or affiliated with an institution of higher education.section

C

4

C4C42

The lists of indicia in this section are non-exclusive, and all indicia need not be present for a finding of bad faith or good faith.section

D

DD1