2018 Code of Virginia
Title 59.1 - Trade and Commerce
Chapter 18.1 - Bad Faith Assertions of Patent Infringement
§ 59.1-215.1. Definitions
As used in this chapter, unless the context requires a different meaning:
"Assertion of patent infringement" means (i) sending or delivering a demand letter to a target; (ii) threatening a target with litigation asserting, alleging, or claiming that the target has engaged in patent infringement; (iii) sending or delivering a demand letter to the customers of a target; or (iv) otherwise making claims 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.
"Demand letter" means a letter, email, or other communication asserting, alleging, or claiming that the target has engaged in patent infringement, or that a target should obtain a license to a patent in order to avoid litigation, or any similar assertion.
"Patent infringement" means any conduct that constitutes infringement pursuant to applicable law, including 35 U.S.C. ยง 271, as amended.
"Target" means a person residing in, conducting substantial business in, or having its principal place of business in the Commonwealth and with respect to whom an assertion of patent infringement is made.
2014, cc. 810, 819.
