30-13-153. Remedies for bad faith assertion of patent right. (1) The attorney general may enforce 30-13-151 through 30-13-154 and conduct civil investigations and bring civil actions for violations of 30-13-151 through 30-13-154.
(2) In an action brought by the attorney general under 30-13-151 through 30-13-154, the court may award or impose any relief available under 30-13-154.
(3) An intended recipient or affiliated person may bring a cause of action for a violation of 30-13-151 through 30-13-154 and may seek relief provided for in 30-13-154.
(4) In addition to the relief provided for in 30-13-154, upon a motion by the attorney general or a party bringing a claim pursuant to subsection (3) and a finding by the court that there is a reasonable likelihood that a person violated 30-13-152, the court may require the person to post a bond in an amount equal to a good faith estimate of the costs to litigate a claim and amounts reasonably likely to be recovered if an action were to be brought pursuant to this section. A hearing must be held upon request of any party.
History: En. Sec. 3, Ch. 186, L. 2015.
Structure Montana Code Annotated
Chapter 13. Assumed Business Names, Trademarks, and Related Rights
30-13-108. through 30-13-110 reserved
30-13-113. through 30-13-120 reserved
30-13-121. Goodwill of business
30-13-122. Goodwill transferable
30-13-123. through 30-13-130 reserved
30-13-131. Product of the mind -- ownership
30-13-134. Effect of publication
30-13-135. Subsequent inventor or author
30-13-137. through 30-13-140 reserved
30-13-142. Unauthorized manufacture of sound recordings prohibited
30-13-143. Sale of unauthorized sound recordings prohibited
30-13-148. through 30-13-150 reserved
30-13-152. Bad faith assertion of patent right