44-1421. Definitions

In this article, unless the context otherwise requires:

1. " Assertion of patent infringement" means any of the following:

(a) Sending or delivering a demand to a target.

(b) Threatening a target with litigation and asserting or alleging that the target has engaged in patent infringement.

(c) Sending or delivering a demand to the customers of a target.

(d) Making assertions or allegations, other than those made in litigation against a target, that a target has engaged in patent infringement or that a target should obtain a license to a patent in order to avoid litigation.

2. " Claim" means the scope of the patent owner's exclusive rights to the use and control of the patent owner's invention.

3. " Demand" means a letter, an e-mail or any other communication asserting that a person has engaged in patent infringement or should obtain a license to a patent but does not include a petition filed in a court of competent jurisdiction.

4. " Person" means any individual, corporation, partnership, limited liability company, governmental entity, institution of higher education or other legal or commercial entity.

5. " Target" means any of the following:

(a) A person that has received a demand or against whom an assertion of patent infringement has been made and who has information indicating the assertion was made in bad faith pursuant to section 44-1422.

(b) A person that has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement and who has information indicating the assertion of patent infringement was made in bad faith pursuant to section 44-1422.