TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 17

BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT

48-1707.  bond. Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount equal to a good faith estimate of the target’s costs to litigate the claim and amounts reasonably likely to be recovered under this chapter, conditioned upon payment of any amounts finally determined to be due to the target. A hearing shall be held if either party so requests. The court may waive the bond requirement if it finds the person has available assets equal to the amount of the proposed bond or for other good cause shown.

History:

[48-1707, added 2014, ch. 277, sec. 1, p. 701.]