Maine § 8701. - Actions for bad faith assertion of patent infringement
Full text of Maine Maine Revised Statutes § 8701. — Actions for bad faith assertion of patent infringement, with citation guidance and answers to common questions.
§ 8701.. Actions for bad faith assertion of patent infringement
1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
A. "Demand letter" means a letter, an e-mail or other written communication asserting that a target has engaged in patent infringement. [PL 2013, c. 543, §1 (NEW).]
B. "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association or any other legal entity. [PL 2013, c. 543, §1 (NEW).]
C. "Target" means a person:
(2) Against whom a lawsuit has been filed alleging patent infringement; or
(3) Whose customers have received a demand letter asserting that the person's product, service or technology has infringed a patent. [PL 2013, c. 543, §1 (NEW).]
2. Prohibition. A person may not make a bad faith assertion of patent infringement against another person.
3. Civil action. A target may bring a civil action in Superior Court against a person who has made a bad faith assertion of patent infringement against the target. In determining whether a person made a bad faith assertion of patent infringement:
A. The court may consider the following factors as evidence that the person made a bad faith assertion of patent infringement:
(b) The name and address of the patent owner or owners and assignee or assignees, if any; or
(c) Factual allegations concerning the specific areas in which the target's products, services or technology infringed the patent or are covered by the claims in the patent;
(2) The demand letter does not contain the information described in subparagraph (1), the target requested the information and the person did not provide the information within a reasonable period of time;
(3) Prior to sending the demand letter, the person failed to conduct an analysis comparing the claims in the patent to the target's products, services or technology or an analysis was done but does not identify specific areas in which the products, services or technology are covered by the claims in the patent;
(4) The demand letter includes a demand for payment of a license fee or a response within an unreasonably short period of time;
(5) The person offered to license the patent for an amount that is not based on a reasonable estimate of the value of the license;
(6) The person knew or should have known that the assertion of patent infringement is meritless;
(7) The assertion of patent infringement is deceptive; and
(8) The person or a subsidiary or affiliate of the person previously filed or threatened to file a lawsuit based on the same or similar claim of patent infringement and:
(b) The person attempted to enforce the claim of patent infringement in litigation and a court found the claim to be meritless; and [PL 2013, c. 543, §1 (NEW).]
B. The court may consider the following factors as evidence that the person did not make a bad faith assertion of patent infringement:
(2) The demand letter does not contain the information described in paragraph A, subparagraph (1), the target requested the information and the person provided the information within a reasonable period of time;
(3) The person engaged in a good faith effort to establish that the target infringed the patent and to negotiate an appropriate remedy;
(4) The person made a substantial investment in the use of the patent or in the production or sale of a product or item covered by the patent;
(5) The person is:
(b) An institution of higher education or a technology transfer organization whose primary purpose is to facilitate the commercialization of technologies developed by an institution of higher education that is owned by or affiliated with an institution of higher education; and
(6) The person demonstrated good faith business practices in previous efforts to enforce the patent or a substantially similar patent or successfully enforced the patent or a substantially similar patent through litigation. [PL 2013, c. 543, §1 (NEW).]
4. Remedies. The court may award the following remedies to a target who prevails in an action brought pursuant to this section:
A. Equitable relief; [PL 2013, c. 543, §1 (NEW).]
B. Damages; [PL 2013, c. 543, §1 (NEW).]
C. Costs and fees, including reasonable attorney's fees; and [PL 2013, c. 543, §1 (NEW).]
D. Punitive damages in an amount equal to $50,000 or 3 times the total damages, costs and fees, whichever is greater. [PL 2013, c. 543, §1 (NEW).]
5. Action by Attorney General. The Attorney General may bring an action to enjoin a violation of this chapter. Any violation of this chapter is a violation of the Maine Unfair Trade Practices Act.
6. Bond. When a target reasonably believes a person made a bad faith assertion of patent infringement against the target, the target may file a motion with the court to require the person to post a bond. If the court finds the target has established a reasonable likelihood that the person made a bad faith assertion of patent infringement, 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 4. The court shall hold a hearing if requested by either party. A bond ordered pursuant to this subsection may not exceed $250,000. 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.
7. Exemption. This section does not apply to a demand letter or assertion of patent infringement that includes a claim for relief arising under 35 United States Code, Section 271(e)(2) or 42 United States Code, Section 262.
Source: official Maine text · Last verified 2026-08-27
Frequently Asked Questions About Maine § 8701.
What does Maine Revised Statutes § 8701. cover?
Section 8701. ("Actions for bad faith assertion of patent infringement") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 8701.?
A common citation format is "Maine Revised Statutes § 8701." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 8701. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.