37-36-9.Exempt demand letters.
This chapter does not apply to any demand letter sent by:
(1)Any corporation traded on a public stock exchange or any entity owned or controlled by such corporation;
(2)Any owner of the patent who is using the patent in connection with the production, manufacturing, processing, or delivery of products or materials;
(3)Any institution of higher education as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S. C. 1001) as of January 1, 2014; or
(4)Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education.
Source: SL 2014, ch 192, ยง9.
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.