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.
}
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