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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 9 : Commerce and Trade

Chapter 120 : BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT

(Cite as: 9 V.S.A. § 4199)
  • § 4199. Enforcement; remedies; damages

    (a) The Attorney General shall have the same authority under this chapter to make rules, conduct civil investigations, bring civil actions, and enter into assurances of discontinuance as provided under chapter 63 of this title. In an action brought by the Attorney General under this chapter, the court may award or impose any relief available under chapter 63 of this title.

    (b) A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules adopted under this chapter, may bring an action in Superior Court. A court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this subsection:

    (1) equitable relief;

    (2) damages;

    (3) costs and fees, including reasonable attorney's fees; and

    (4) exemplary damages in an amount equal to $50,000.00 or three times the total of damages, costs, and fees, whichever is greater.

    (c) This chapter shall not be construed to limit rights and remedies available to the State of Vermont or to any person under any other law and shall not alter or restrict the Attorney General's authority under chapter 63 of this title with regard to conduct involving assertions of patent infringement. (Added 2013, No. 44, § 6; 2013, No. 47, § 2, eff. May 24, 2013.)