ND HB1163

Creates Chapter 51-36 of North Dakota Century Code prohibiting bad faith assertions of patent infringement, with "targets" including those receiving demand letters, threatened with litigation, or whose customers receive infringement claims.

Courts may consider 14 factors as evidence of bad faith, including missing patent information, failure to conduct infringement analysis, unreasonable payment demands, unenforceable claims, and threats of unlawful legal action.

Courts may consider 7 factors as evidence of good faith assertions, including complete demand letter information, substantial investment in patent use, patent owner status, and demonstrated good faith business practices in previous patent enforcement.

Prevailing plaintiffs may recover equitable relief, damages, attorney fees, and exemplary damages equal to the greater of $50,000 or three times total damages, costs, and fees; courts may require bonds up to $250,000.

Attorney General has enforcement authority with all powers under Chapter 51-15; exemptions apply to publicly traded corporations, patent owners actively using patents, institutions of higher education, and technology transfer organizations affiliated with universities.