By presenting a demand
letter to the target a person is certifying that to the best of the person's knowledge,
information, and belief, formed after an inquiry reasonable under the
circumstances:
(i) the demand letter is not being presented for any improper purpose, such as
to harass or to cause unnecessary delay or needless increase in the cost of settlement
or litigation;
(ii) the claims, defenses, and other legal contentions are warranted by existing
law or by a nonfrivolous argument for the extension, modification, or reversal of
existing law or the establishment of new law; and
(iii) the allegations and other factual contentions have evidentiary support or, if
specifically identified, are likely to have evidentiary support after a reasonable
opportunity for further investigation or discovery.
2. Page
4, Lines 88 through 100
:
88
(c) The person engages in a good faith effort to establish that the target has infringed
89
the patent and to negotiate an appropriate remedy.
90
{
(d) The person makes a substantial investment in the use of the patent or in
the
91
production or sale of a product or item covered by the patent.
92
(e) The person is:
93
(i) the inventor or joint inventor of the patent or, in the case of a patent filed by
and
94
awarded to an assignee of the original inventor or joint inventor, is the original
assignee; or
95
(ii) an institution of higher education or a technology transfer organization
owned or
96
affiliated with an institution of higher education.
97
(f) The person has:
98
(i) demonstrated good faith business practices in previous efforts to enforce the
patent,
99
or a substantially similar patent; or
100
(ii) successfully enforced the patent, or a substantially similar patent, through
litigation.
}
The motion passed unanimously with Rep. Anderegg, Rep. Froerer, and Rep. Layton absent for
the vote.
Rep. McKell explained the bill to the committee.
Spoke to the bill: Charles Roberts, patent attorney
Joe Pia, Pia Anderson Dorius Reynard & Moss
Spoke for the bill: Stan Lockhart, Micron Technology
MOTION: Rep. Stanard moved to pass out favorably 1st Sub. H. B. 117. The motion passed
unanimously with Rep. Anderegg and Rep. Wiley absent for the vote.
Chair Dunnigan assumed the chair.
H.B. 350 Removal of Directors of Nonprofit Corporations (Rep. D. Pitcher)
Rep. Pitcher explained the bill to the committee assisted by Ray Kimber, Utah Legislative Action
Committee.
Spoke for the bill: Michael Miller, attorney, Utah Community Association Institute
Legislative Action Committee
MOTION: Rep. Wiley moved to pass out favorably H.B. 350. The motion passed
unanimously with Rep. Anderegg absent for the vote.
MOTION: Rep. Peterson moved to place H.B. 350 on the Consent Calendar. The motion
passed unanimously with Rep. Anderegg absent for the vote.
Vice Chair Pitcher resumed the chair.
H.B. 347 Insurance Coverage for Infertility Treatment (Rep. L. Christensen)
Rep. Christensen explained the bill assisted by Tiffany Alleman, advocate for infertility
insurance coverage, and Cathy Dupont, Office of Legislative Research and General Counsel .
MOTION: Rep. Stanard moved to amend H.B. 347 as follows:
1. Page
2, Line 55
:
55
terms
{
agreed to
}
designated
by the insurer
{
and the enrollee
}
.
2. Page
4, Line 106
:
106
(b) have a lifetime maximum benefit of not less than $
{
50,000
}
25,000
;
and
The motion passed unanimously with Rep. Anderegg absent for the vote.
Spoke to the bill: Kelly Atkinson, Utah Health Insurance Association
MOTION: Rep. Wiley moved to amend H.B. 347 as follows:
1. Page
3, Lines 85 through 89
:
85
(c) "Patient" means a woman who
{
:
86
(i) is married;
87
(ii)
}
is the policyholder or the spouse of the policyholder
{
;
88
(iii) is at least 21 years old but less than 44 years old; and
89
(iv)
}
and
has been covered by the infertility treatment limited benefit plan for
at least 12
2. Page
4, Lines 110 through 113
:
110
(ii) limit embryos transferred per in vitro cycle to:
111
(A) one embryo for a patient who is
{
at least 21 years old but
}
less than 34
years old; and
112
(B) two embryos per cycle for a patient who is at least 34 years old but less than 44
113
years old.
SUBSTITUTE MOTION: Rep. Bird moved to pass out favorably H.B. 347. The motion
passed with Rep. McKell, Rep. Wheatley, and Rep. Wiley voting in opposition.
MOTION: Rep. Anderegg moved to adjourn. The motion passed unanimously.
Vice Chair Pitcher adjourned the meeting at 9:51 a.m.
________________________________
Rep. James Dunnigan, Chair