---
title: O.C.G.A. § 10-1-772. Protective order; posting of bond.
collection: code
id: 10-1-772
cite_as: O.C.G.A. § 10-1-772 (2025)
canonical_url: https://georgiacommons.org/code/10-1-772
md_url: https://georgiacommons.org/code/10-1-772.md
text_url: https://georgiacommons.org/code/10-1-772/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t10-(v8)-2024-pdf.pdf?sfvrsn=1992b47e_0#page=539
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/10-1.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCE AND TRADE / SELLING AND OTHER TRADE PRACTICES / BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT
---

# O.C.G.A. § 10-1-772. Protective order; posting of bond.

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.