{"data":{"id":"us-mo/mo.-rev.-stat.-416.652","jurisdiction":"us-mo","citation":"Mo. Rev. Stat. § 416.652","heading":"Demand letters, no bad faith assertions of patent infringement — factors court may consider.","body":"1. No person shall make a bad faith assertion of patent infringement in a demand letter.\n2. A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement in a demand letter:\n(1) The demand letter does not contain the following information:\n(a) The patent number;\n(b) The name and address of the patent owner or owners and assignee or assignees, if any; and\n(c) Factual allegations concerning the specific areas in which the target's products, services, or technology infringe the patent or are covered by the claims in the patent;\n(2) The demand letter lacks the information described in subdivision (1) of this subsection, the target requests the information, and the person fails to provide the information within a reasonable period of time;\n(3) The demand letter demands payment of a license fee or response within an unreasonably short period of time;\n(4) The person offers to license the patent for an amount that is not based on a reasonable estimate of the value of the license;\n(5) The person, company, or any of its subsidiaries or affiliates has previously presented a demand letter claiming or asserting patent infringement of the same patent under substantially the same circumstances, and a court has entered a final judgment that the demand letter presented a bad faith assertion of patent infringement;\n(6) The person attempted to enforce the claim of patent infringement in litigation, and a court found the claim to be brought in bad faith; and\n(7) Any other factor the court finds relevant.\n3. A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:\n(1) The demand letter contains the information described in subdivision (1) of subsection 2 of this section;\n(2) If the demand letter lacks the information described in subdivision (1) of subsection 2 of this section and the target requests the information, the person provides the information within a reasonable period of time;\n(3) The person engages in a good faith effort to establish that the target has infringed the patent and to negotiate an appropriate remedy;\n(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;\n(5) The person is:\n(a) The inventor or joint inventor holding 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\n(b) An institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education;\n(6) The person has:\n(a) Demonstrated good faith business practices in previous efforts to enforce the patent, or a substantially similar patent; or\n(b) Successfully enforced the patent or a substantially similar patent through litigation; and\n(7) Any other factor the court finds relevant.","path":["Title XXVI - TRADE AND COMMERCE","Chapter 416 - Monopolies, Discriminations and Conspiracies"],"source_url":"https://revisor.mo.gov/main/OneSection.aspx?section=416.652","current_through":"2026 legislative session (floor)","vintage":"","retrieved_at":"2026-09-03T22:23:28Z","sha256":"ddee70fff2a1327d40eda360e2eeeb06561261998d9b0209fe3168b34e07bfd4","source_id":"us-mo","stale":false,"prev":"us-mo/mo.-rev.-stat.-416.650","next":"us-mo/mo.-rev.-stat.-416.654"},"notice":"GroundRules: Original legal text. Not legal advice."}