78B-6-1902. Definitions. As used in this part:
(1) |
Terms Used In Utah Code 78B-6-1902- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Demand letter: means a letter, email, or other written communication directed to a target and asserting or claiming that the target has engaged in patent infringement. See Utah Code 78B-6-1902
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Person: means :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Target: means a person or entity residing in, incorporated in, or organized under the laws of this state that has received a demand letter and includes the customers, distributors, and agents of the person or entity. See Utah Code 78B-6-1902
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a) |
“Demand letter” means a letter, email, or other written communication directed to a target and asserting or claiming that the target has engaged in patent infringement. |
(b) |
“Demand letter” does not include a complaint filed in a United States District Court asserting patent infringement or discovery responses or other papers filed in an action. |
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(2) |
“Target” means a person or entity residing in, incorporated in, or organized under the laws of this state that has received a demand letter and includes the customers, distributors, and agents of the person or entity. |
(3) |
“Sponsor” means the party or parties responsible for distribution of a demand letter. |
Enacted by Chapter 310, 2014 General Session