37-36-1. Definitions.
Terms used in this chapter mean:
(1)"Demand letter," any letter, e-mail, or other communication asserting or claiming that the target has engaged in patent infringement;
(2)"Target," any person:
(a)Who receives a demand letter or against whom an assertion or allegation of patent infringement is made;
(b)Who is threatened with litigation or against whom a lawsuit is filed alleging patent infringement; or
(c)Whose customer receives a demand letter asserting that the person's product, service, or technology infringes a patent.
Source: SL 2014, ch 192, ยง1.
Structure South Dakota Codified Laws
Chapter 36 - Bad Faith Assertion Of Patent Infringement
Section 37-36-1 - Definitions.
Section 37-36-2 - Bad faith assertion of patent infringement prohibited.
Section 37-36-3 - Factors for bad faith assertion of infringement.
Section 37-36-4 - Factors for claim of patent infringement not made in bad faith.
Section 37-36-6 - Action by attorney general.
Section 37-36-7 - Action by person aggrieved--Available remedies.
Section 37-36-8 - Patent enforcement not a deceptive trade act or practice.