Section 51-36-04 - Factors for claim of patent infringement not made in bad faithA 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; orb. 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; orb. Successfully enforced the patent, or a substantially similar patent, through litigation.7. Any other factor the court finds relevant.Added by S.L. 2015, ch. 353 (HB 1163),§ 1, eff. 8/1/2015.