TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 17

BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT

48-1706.  private cause of action, remedies and damages — limitation of action. (1) A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules promulgated under chapter 6, title 48, Idaho Code, may bring an action in district court. A court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this subsection:

(a)  Equitable relief;

(b)  Damages;

(c)  Costs and fees, including reasonable attorney’s fees; and

(d)  Exemplary damages in an amount equal to fifty thousand dollars ($50,000) or three (3) times the total of damages, costs and fees, whichever is greater.

(2)  The remedies provided for in this chapter are not exclusive and shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other statute.

(3)  No private action may be brought under the provisions of this chapter more than three (3) years after the cause of action accrues. A cause of action shall be deemed to have accrued when the party bringing an action under the provisions of this chapter knows, or in the exercise of reasonable care should have known, about the violation of the provisions of this chapter. Each bad faith assertion of patent infringement constitutes a separate violation under this chapter.

History:

[48-1706, added 2014, ch. 277, sec. 1, p. 701.]