IC 24-11-3-3: Factors as evidence of not bad faith

Sec. 3. A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:

(1) The demand letter contains the information described in section 2(a)(1) of this chapter.

(2) If the:

(A) demand letter lacks the information described in section 2(a)(1) of this chapter; and

(B) target requests the information;

the person provides the information to the target within a reasonable period of time.

(3) The person engages in a good faith effort to:

(A) establish that the target has infringed the patent; and

(B) negotiate an appropriate remedy.

(4) The person makes a substantial investment in the:

(A) use of the patent; or

(B) production or sale of a product or item covered by the patent.

(5) The person is:

(A) the inventor or joint inventor of the patent; or

(B) if the patent was filed by and awarded to an assignee of the original inventor or joint inventor, the original assignee.

(6) The person has:

(A) demonstrated good faith business practices in previous efforts to enforce the patent or a substantially similar patent; or

(B) successfully enforced the patent, or a substantially similar patent, through litigation.

(7) Any other factor the court finds relevant.