Section 24-11-3-3 - Factors as evidence of not bad faith A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:
(1) The demand letter contains the information described in section 2(a)(1) of this chapter.(2) If the: (A) demand letter lacks the information described in section 2(a)(1) of this chapter; and(B) target requests the information; the person provides the information to the target within a reasonable period of time.
(3) The person engages in a good faith effort to:(A) establish that the target has infringed the patent; and(B) negotiate an appropriate remedy.(4) The person makes a substantial investment in the:(A) use of the patent; or(B) production or sale of a product or item covered by the patent.(5) The person is: (A) the inventor or joint inventor of the patent; or(B) if the patent was filed by and awarded to an assignee of the original inventor or joint inventor, the original assignee.(6) The person has: (A) demonstrated good faith business practices in previous efforts to enforce the patent or a substantially similar patent; or(B) successfully enforced the patent, or a substantially similar patent, through litigation.(7) Any other factor the court finds relevant.Added by P.L. 172-2015, SEC. 1, eff. 7/1/2015.