Official Code of Georgia Annotated
Title 10. COMMERCE AND TRADE · Chapter 1. SELLING AND OTHER TRADE PRACTICES · Article 27A. BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT
10-1-772. Protective order; posting of bond.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
If proceedings are initiated in a court of competent jurisdiction by the author of a demand letter or the author’s agent, principal, client, or employee, a target may move that a bad faith assertion of patent infringement has been made in violation of this article and request that a protective order be issued as described in this Code section. Upon such motion and a finding by the court that a target has established a reasonable likelihood that an author of a demand letter has made a bad faith assertion of patent infringement, the court shall require the author of the demand letter to post a bond in an amount equal to a good faith estimate of the target’s expenses of litigation, including an estimate of reasonable attorney’s fees, 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 Code section shall not exceed $250,000.00. The court may waive the bond requirement if it finds the author of the demand letter has available assets equal to the amount of the proposed bond or for other good cause shown.
History
Code 1981, § 10-1-772, enacted by Ga. L. 2014, p. 208, § 1/HB 809.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t10-(v8)-2024-pdf.pdf, Volume V8, 2024 edition, pages 539 to 540; merge action: carried; file SHA-256 7afbade16da7.