                                 CODE OF VIRGINIA

ENFORCEMENT; REMEDIES; CIVIL INVESTIGATIVE DEMANDS; ASSURANCES OF VOLUNTARY
COMPLIANCE; RESTRAINING PROHIBITED ACTS (§ 59.1-215.3)

A. Whenever the Attorney General has reasonable cause to believe that any person
has engaged in, or is engaging in, or is about to engage in, any violation of
this chapter, the Attorney General is empowered to issue a civil investigative
demand. The provisions of &#xA7; 59.1-9.10 shall apply mutatis mutandis to civil
investigative demands issued pursuant to this section.

B. The Attorney General or any attorney for the Commonwealth may accept an
assurance of voluntary compliance with this chapter from any person subject to
the provisions of this chapter. Any such assurance shall be in writing and be
filed with and be subject on petition to the approval of the appropriate circuit
court. Such assurance of voluntary compliance shall not be considered an
admission of guilt or a violation for any purpose. Such assurance of voluntary
compliance may at any time be reopened by the Attorney General or the attorney
for the Commonwealth for additional orders or decrees to enforce the assurance
of voluntary compliance. When an assurance is presented to the circuit court for
approval, the Attorney General or the attorney for the Commonwealth shall file,
in the form of a complaint, the allegations that form the basis for the entry of
the assurance. The assurance may provide by its terms for any relief that an
appropriate circuit court could grant, including but not limited to arbitration
of disputes between a person subject to the provisions of this chapter and any
targets, investigative expenses, civil penalties, and costs, provided, however,
that nothing in this chapter shall be construed to authorize or require the
Commonwealth, the Attorney General, or any attorney for the Commonwealth to
participate in arbitration of violations under this section.

C. Notwithstanding any other provisions of law to the contrary, the Attorney
General or any attorney for the Commonwealth may cause an action to be brought
in the appropriate circuit court in the name of the Commonwealth to enjoin any
violation of this chapter. The circuit court having jurisdiction may enjoin such
violations notwithstanding the existence of an adequate remedy at law. In any
action under this section, it shall not be necessary that damages be proved.
Unless the Attorney General or the attorney for the Commonwealth determines that
a person subject to the provisions of this chapter intends to depart from the
Commonwealth or to remove his property from the Commonwealth, or to conceal
himself or his property within the Commonwealth, or on a reasonable
determination that irreparable harm may occur if immediate action is not taken,
the Attorney General or the attorney for the Commonwealth shall, before
initiating any legal proceedings as provided in this section, give notice in
writing that such proceedings are contemplated and allow such person a
reasonable opportunity to show that a violation did not occur or execute an
assurance of voluntary compliance as provided in subsection B. The circuit
courts are authorized to issue temporary or permanent injunctions to restrain
and prevent violations of this chapter. The circuit court also may award to the
Commonwealth a civil penalty of not more than $2,500 for each violation,
reasonable expenses incurred in investigating and preparing the case, and
attorneys&#8217; fees.

D. Any person outside the Commonwealth asserting patent infringement to a target
shall be deemed to be transacting business within the Commonwealth within the
meaning of subdivision A 1 of &#xA7; 8.01-328.1 and shall thereby be subject to
the jurisdiction of the courts of the Commonwealth.

E. The enforcement provisions of this section shall be exercised solely by the
Attorney General or an attorney for the Commonwealth. Nothing in this chapter
shall create a private cause of action in favor of any person aggrieved by a
violation of this chapter.

F. Nothing in this chapter authorizes the courts of the Commonwealth, the
Attorney General, or any attorney for the Commonwealth to exercise jurisdiction
over a claim for relief arising under an Act of Congress relating to patents.

HISTORY: 2014, cc. 810, 819.