{"data":{"id":"us-sd/sdcl-37-36-4","jurisdiction":"us-sd","citation":"SDCL § 37-36-4","heading":"Factors for claim of patent infringement not made in bad faith.","body":"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 all of the information described in subdivision 37-36-3(1);\n(2) If the demand letter lacks the information described in subdivision 37-36-3(1) 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 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\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;\n(7) Any other factor the court finds relevant.","path":["TITLE 37. TRADE REGULATION","CHAPTER 37-36. BAD FAITH ASSERTION OF PATENT INFRINGEMENT"],"source_url":"https://sdlegislature.gov/Statutes/37-36-4","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"dfbcc103d42d75392150fb52877d28596a79bbbdd854766dcc19456bb4e889e6","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-37-36-3","next":"us-sd/sdcl-37-36-5"},"notice":"GroundRules: Original legal text. Not legal advice."}