{"data":{"id":"us-nd/n.d.-cent.-code-51-36-04","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 51-36-04","heading":"Factors for claim of patent infringement not made in bad faith","body":"A court may consider the following factors as evidence a person has not made a bad faith assertion of patent infringement:\n1.The demand letter contains all of the information described in subsection 1 of section 51-36-03.\n2.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.\n3.The person engages in a good faith effort to establish the target has infringed the patent and to negotiate an appropriate remedy.\n4.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.\n5.The person is:\na.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\nb.An institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education.\n6.The person has:\na.Demonstrated good faith business practices in previous efforts to enforce the patent or a substantially similar patent; or\nb.Successfully enforced the patent, or a substantially similar patent, through litigation.\n7.Any other factor the court finds relevant.","path":["Title 51 Sales And Exchanges","Chapter 51-36 Assertion Of Patent Infringement"],"source_url":"https://ndlegis.gov/cencode/t51c36.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"4e176caa3940a6937ae74253b746a3cd598d6ad44ebdf44969f1d99057b5964f","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-51-36-03","next":"us-nd/n.d.-cent.-code-51-36-05"},"notice":"GroundRules: Original legal text. Not legal advice."}