TITLE 30. TRADE AND COMMERCE

CHAPTER 13. ASSUMED BUSINESS NAMES, TRADEMARKS, AND RELATED RIGHTS

Part 1. General Provisions

Remedies For Bad Faith Assertion Of Patent Right

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.