2018 South Dakota Codified Laws
Title 37 - TRADE REGULATION
Chapter 36 - Bad Faith Assertion Of Patent Infringement
§ 37-36-9 Exempt demand letters.

37-36-9. Exempt demand letters. This chapter does not apply to any demand letter sent by:

(1) Any corporation traded on a public stock exchange or any entity owned or controlled by such corporation;

(2) Any owner of the patent who is using the patent in connection with the production, manufacturing, processing, or delivery of products or materials;

(3) Any institution of higher education as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) as of January 1, 2014; or

(4) Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education.
Source: SL 2014, ch 192, ยง 9.

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