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Nice. > B. The following shall constitute indicia that a person's assertion of patent infringement was made in bad faith: >1. The demand letter does not conta
by mullingitover 12y ago
Nice.
> B. The following shall constitute indicia that a person's assertion of patent infringement was made in bad faith:
>1. The demand letter does not contain:
>a. The number of the patent that is asserted, alleged, or claimed to have been infringed; or
Wouldn't this outlaw Microsoft's Android manufacturer shakedown strategy? If I recall, Microsoft's settlement demand letters never actually specify which patents are infringed, and they only provide this information if you settle with them and agree not to disclose it (to prevent Google from routing around the allegedly infringed IP).
- dllthomas 12y agoIf your recollection is correct, then it sounds like it, yes.
- rossjudson 12y agoWhat's remarkable to me is that the provisions this law makes (must name the specific patents infringed, and list how a product infringes) aren't already common practice. At least it's codified now in Virginia, and we can now know what a proper assertion of patent infringement must contain.