Montana Code Annotated 2019

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.