2017 South Carolina Code of Laws
Title 39 - Trade and Commerce
CHAPTER 4 - ABUSIVE ASSERTIONS RELATING TO INTELLECTUAL PROPERTY
Section 39-4-140. Remedies.

(A) An intended recipient that is aggrieved by a violation of Section 39-4-120 may assert a cause of action under the provisions of Section 39-5-140 in the circuit court where venue is proper. A court may award remedies provided in Chapter 5, Title 39 to an aggrieved intended recipient that prevails in an action brought pursuant to this chapter.

(B) An intended recipient may assert a violation of this chapter as a defense in any litigation alleging patent infringement and, if a court finds that a person has made a bad faith assertion of patent infringement, the court may award remedies to the recipient as if the recipient had brought an action pursuant to subsection (A).

(C) Upon motion by an intended recipient and a finding by the court that an intended recipient has established a reasonable likelihood that a person has violated Section 39-4-120, the court may require the person to post a bond in an amount equal to an amount reasonably likely to be recovered pursuant to subsection (A), conditioned upon payment of any amounts finally determined to be due to the recipient. A hearing must be held if either party so requests. A bond ordered pursuant to this chapter shall not exceed two hundred fifty thousand dollars. 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: 2016 Act No. 261 (H.3682), Section 2, eff July 1, 2016.

Repeal

Chapter 4, Title 39 repealed as of July 2, 2021 unless reauthorized, see Section 39-4-150.