The Vermont Statutes Online
Commerce and Trade
BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT
Upon motion by a
target and a finding by the court that a target has established a reasonable
likelihood that a person has made a bad faith assertion of patent infringement
in violation of this chapter, the court shall require the person to post a bond
in an amount equal to a good faith estimate of the target's costs to litigate
the claim and amounts reasonably likely to be recovered under subsection
4199(b) of this chapter, conditioned upon payment of any amounts finally
determined to be due to the target. A hearing shall be held if either party so
requests. A bond ordered pursuant to this section shall not exceed $250,000.00.
The court may waive the bond requirement if it finds the person has available
assets equal to the amount of the proposed bond or for other good cause shown.
(Added 2013, No. 44, § 6; 2013, No. 47, § 2, eff. May 24, 2013.)