N.D. Cent. Code § 51-36-04: Factors for claim of patent infringement not made in bad faith

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

1.The demand letter contains all of the information described in subsection 1 of section 51-36-03.

2.If the demand letter lacks the information described in subsection 1 of section 51-36-03 and the target requests the information, the person provides the information within a reasonable period of time.

3.The person engages in a good faith effort to establish the target has infringed the patent and to negotiate an appropriate remedy.

4.The person makes a substantial investment in the use of the patent or in the 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, in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, is the original assignee; or

b.An institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education.

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.