{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-215.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-215.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-215.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-215.2.html"}],"law_id":72322,"edition_id":1,"section_id":72322,"structure_id":16044,"section_number":"59.1-215.2","catch_line":"Bad faith assertions of patent infringement","history":"2014, cc. 810, 819.","full_text":"A\n\nA person shall not make, in bad faith, an assertion of patent infringement.B\n\nThe following shall constitute indicia that a person’s assertion of patent infringement was made in bad faith:1\n\nThe demand letter does not contain:\n\t\t\t\ta. The number of the patent that is asserted, alleged, or claimed to have been infringed; or\n\t\t\t\tb. The name and address of the patent’s owner or owners and assignee or assignees, if any.2\n\nThe person sends a demand letter to a target without first making a reasonable effort under the circumstances to conduct an analysis comparing the claims in the patent to the target’s products, services, and technology, or to identify specific areas in which the products, services, or technology are covered by the claims in the patent.3\n\nThe demand letter does not identify specific areas in which the products, services, and technology are covered by the claims in the patent.4\n\nThe person offers to license the patent for an amount that is not based on a reasonable estimation of the value of a license to the patent.5\n\nThe person making an assertion of patent infringement acts in subjective bad faith, or a reasonable actor in the person’s position would know or reasonably should know that such assertion is baseless.6\n\nThe assertion of patent infringement is deceptive, or the person threatens legal action that cannot legally be taken or that is not intended to be taken.7\n\nThe person or its subsidiaries or affiliates have previously filed or threatened to file one or more lawsuits based on the same or similar assertion of patent infringement, the person attempted to enforce the assertion of patent infringement in litigation, and a court found the assertion to be objectively baseless or imposed sanctions for the assertion.8\n\nThe patent alleged to be infringed was not in force at the time the allegedly infringing conduct occurred, or the patent claims alleged to be infringed have previously been held to be invalid.C\n\nThe following shall constitute indicia that a person’s assertion of patent infringement was not made in bad faith, but the absence of such indicia shall not constitute evidence of bad faith:1\n\nThe person engages in a reasonable effort under the circumstances to establish that the target has infringed the patent and to negotiate an appropriate remedy.2\n\nThe person makes a substantial investment in the use of the patent or in the development, production, or sale of a product or item covered by the patent.3\n\nThe person has:\n\t\t\t\ta. Demonstrated good faith in previous efforts to enforce the patent or a substantially similar patent; or\n\t\t\t\tb. Successfully enforced the patent, or a substantially similar patent, through litigation.4\n\nThe person is an institution of higher education or a technology transfer office organization owned by or affiliated with an institution of higher education.D\n\nThe lists of indicia in this section are non-exclusive, and all indicia need not be present for a finding of bad faith or good faith.","order_by":null,"text":{"0":{"id":260513,"text":"A person shall not make, in bad faith, an assertion of patent infringement.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":260514,"text":"The following shall constitute indicia that a person’s assertion of patent infringement was made in bad faith:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":260515,"text":"The demand letter does not contain:\n\t\t\t\ta. The number of the patent that is asserted, alleged, or claimed to have been infringed; or\n\t\t\t\tb. The name and address of the patent’s owner or owners and assignee or assignees, if any.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":260516,"text":"The person sends a demand letter to a target without first making a reasonable effort under the circumstances to conduct an analysis comparing the claims in the patent to the target’s products, services, and technology, or to identify specific areas in which the products, services, or technology are covered by the claims in the patent.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":260517,"text":"The demand letter does not identify specific areas in which the products, services, and technology are covered by the claims in the patent.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":260518,"text":"The person offers to license the patent for an amount that is not based on a reasonable estimation of the value of a license to the patent.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":260519,"text":"The person making an assertion of patent infringement acts in subjective bad faith, or a reasonable actor in the person’s position would know or reasonably should know that such assertion is baseless.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":260520,"text":"The assertion of patent infringement is deceptive, or the person threatens legal action that cannot legally be taken or that is not intended to be taken.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":260521,"text":"The person or its subsidiaries or affiliates have previously filed or threatened to file one or more lawsuits based on the same or similar assertion of patent infringement, the person attempted to enforce the assertion of patent infringement in litigation, and a court found the assertion to be objectively baseless or imposed sanctions for the assertion.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":260522,"text":"The patent alleged to be infringed was not in force at the time the allegedly infringing conduct occurred, or the patent claims alleged to be infringed have previously been held to be invalid.","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"C"},"10":{"id":260523,"text":"The following shall constitute indicia that a person’s assertion of patent infringement was not made in bad faith, but the absence of such indicia shall not constitute evidence of bad faith:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B8","next_prefix":"C1"},"11":{"id":260524,"text":"The person engages in a reasonable effort under the circumstances to establish that the target has infringed the patent and to negotiate an appropriate remedy.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"12":{"id":260525,"text":"The person makes a substantial investment in the use of the patent or in the development, production, or sale of a product or item covered by the patent.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"13":{"id":260526,"text":"The person has:\n\t\t\t\ta. Demonstrated good faith in previous efforts to enforce the patent or a substantially similar patent; or\n\t\t\t\tb. Successfully enforced the patent, or a substantially similar patent, through litigation.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"14":{"id":260527,"text":"The person is an institution of higher education or a technology transfer office organization owned by or affiliated with an institution of higher education.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"15":{"id":260528,"text":"The lists of indicia in this section are non-exclusive, and all indicia need not be present for a finding of bad faith or good faith.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4"}},"ancestry":[{"id":16044,"edition_id":1,"name":"Bad Faith Assertions of Patent Infringement","identifier":"18.1","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 04:04:34","date_modified":"2026-06-26 04:04:34","permalink":{"id":260091,"object_type":"structure","relational_id":16044,"identifier":"18.1","token":"59.1\/18.1","url":"\/59.1\/18.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69828,"structure_id":16044,"section_number":"59.1-215.1","catch_line":"Definitions","url":"\/59.1-215.1\/","token":"59.1\/18.1\/59.1-215.1","metadata":false},{"id":72322,"structure_id":16044,"section_number":"59.1-215.2","catch_line":"Bad faith assertions of patent infringement","url":"\/59.1-215.2\/","token":"59.1\/18.1\/59.1-215.2","metadata":false},{"id":65678,"structure_id":16044,"section_number":"59.1-215.3","catch_line":"Enforcement; remedies; civil investigative demands; assurances of voluntary compliance; restraining prohibited acts","url":"\/59.1-215.3\/","token":"59.1\/18.1\/59.1-215.3","metadata":false},{"id":62939,"structure_id":16044,"section_number":"59.1-215.4","catch_line":"Exemptions","url":"\/59.1-215.4\/","token":"59.1\/18.1\/59.1-215.4","metadata":false}],"previous_section":{"id":69828,"structure_id":16044,"section_number":"59.1-215.1","catch_line":"Definitions","url":"\/59.1-215.1\/","token":"59.1\/18.1\/59.1-215.1","metadata":false},"next_section":{"id":65678,"structure_id":16044,"section_number":"59.1-215.3","catch_line":"Enforcement; remedies; civil investigative demands; assurances of voluntary compliance; restraining prohibited acts","url":"\/59.1-215.3\/","token":"59.1\/18.1\/59.1-215.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-215.2\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapters 810<\/a> and 819<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":260097,"object_type":"law","relational_id":72322,"identifier":"59.1-215.2","token":"59.1\/18.1\/59.1-215.2","url":"\/59.1-215.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-215.2\/","token":"59.1\/18.1\/59.1-215.2","dublin_core":{"Title":"Bad faith assertions of patent infringement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-215.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person shall not make, in bad faith, an assertion of patent infringement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The following shall constitute indicia that a person’s assertion of patent infringement<\/span> was made in bad faith: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The demand letter<\/span> does not contain:\n\t\t\t\ta. The number of the patent that is asserted, alleged, or claimed to have been infringed; or\n\t\t\t\tb. The name and address of the patent’s owner or owners and assignee or assignees, if any. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The person sends a demand letter<\/span> to a target<\/span> without first making a reasonable effort under the circumstances to conduct an analysis comparing the claims in the patent to the target<\/span>’s products, services, and technology, or to identify specific areas in which the products, services, or technology are covered by the claims in the patent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The demand letter<\/span> does not identify specific areas in which the products, services, and technology are covered by the claims in the patent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The person offers to license the patent for an amount that is not based on a reasonable estimation of the value of a license to the patent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The person making an assertion of patent infringement<\/span> acts in subjective bad faith, or a reasonable actor in the person’s position would know or reasonably should know that such assertion is baseless. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The assertion of patent infringement<\/span> is deceptive, or the person threatens legal action that cannot legally be taken or that is not intended to be taken. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The person or its subsidiaries or affiliates have previously filed or threatened to file one or more lawsuits<\/span> based on the same or similar assertion of patent infringement<\/span>, the person attempted to enforce the assertion of patent infringement<\/span> in litigation<\/span>, and a court<\/span> found the assertion to be objectively baseless or imposed sanctions<\/span> for the assertion. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The patent alleged to be infringed was not in force at the time the allegedly infringing conduct occurred, or the patent claims alleged to be infringed have previously been held to be invalid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The following shall constitute indicia that a person’s assertion of patent infringement<\/span> was not made in bad faith, but the absence of such indicia shall not constitute evidence<\/span> of bad faith: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The person engages in a reasonable effort under the circumstances to establish that the target<\/span> has infringed the patent and to negotiate an appropriate remedy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The person makes a substantial investment in the use of the patent or in the development, production, or sale of a product or item covered by the patent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The person has:\n\t\t\t\ta. Demonstrated good faith in previous efforts to enforce the patent or a substantially similar patent; or\n\t\t\t\tb. Successfully enforced the patent, or a substantially similar patent, through litigation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The person is an institution of higher education or a technology transfer office organization owned by or affiliated with an institution of higher education. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The lists of indicia in this section are non-exclusive, and all indicia need not be present for a finding<\/span> of bad faith or good faith. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBAD FAITH ASSERTIONS OF PATENT INFRINGEMENT (\u00a7 59.1-215.2)\n\nA. A person shall not make, in bad faith, an assertion of patent infringement.\n\nB. The following shall constitute indicia that a person’s assertion of\npatent infringement was made in bad faith:\n\n 1. The demand letter does not contain:\n \t\t\t\ta. The number of the patent that is asserted, alleged, or claimed to have\n been infringed; or\n \t\t\t\tb. The name and address of the patent’s owner or owners and assignee\n or assignees, if any.\n\n 2. The person sends a demand letter to a target without first making a\n reasonable effort under the circumstances to conduct an analysis comparing the\n claims in the patent to the target’s products, services, and technology,\n or to identify specific areas in which the products, services, or technology\n are covered by the claims in the patent.\n\n 3. The demand letter does not identify specific areas in which the products,\n services, and technology are covered by the claims in the patent.\n\n 4. The person offers to license the patent for an amount that is not based on\n a reasonable estimation of the value of a license to the patent.\n\n 5. The person making an assertion of patent infringement acts in subjective\n bad faith, or a reasonable actor in the person’s position would know or\n reasonably should know that such assertion is baseless.\n\n 6. The assertion of patent infringement is deceptive, or the person threatens\n legal action that cannot legally be taken or that is not intended to be taken.\n\n 7. The person or its subsidiaries or affiliates have previously filed or\n threatened to file one or more lawsuits based on the same or similar assertion\n of patent infringement, the person attempted to enforce the assertion of\n patent infringement in litigation, and a court found the assertion to be\n objectively baseless or imposed sanctions for the assertion.\n\n 8. The patent alleged to be infringed was not in force at the time the\n allegedly infringing conduct occurred, or the patent claims alleged to be\n infringed have previously been held to be invalid.\n\nC. The following shall constitute indicia that a person’s assertion of\npatent infringement was not made in bad faith, but the absence of such indicia\nshall not constitute evidence of bad faith:\n\n 1. The person engages in a reasonable effort under the circumstances to\n establish that the target has infringed the patent and to negotiate an\n appropriate remedy.\n\n 2. The person makes a substantial investment in the use of the patent or in\n the development, production, or sale of a product or item covered by the\n patent.\n\n 3. The person has:\n \t\t\t\ta. Demonstrated good faith in previous efforts to enforce the patent or a\n substantially similar patent; or\n \t\t\t\tb. Successfully enforced the patent, or a substantially similar patent,\n through litigation.\n\n 4. The person is an institution of higher education or a technology transfer\n office organization owned by or affiliated with an institution of higher\n education.\n\nD. The lists of indicia in this section are non-exclusive, and all indicia need\nnot be present for a finding of bad faith or good faith.\n\nHISTORY: 2014, cc. 810, 819.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}