Michigan § 446.165 - Unlawful practice.

Full text of Michigan Michigan Compiled Laws § 446.165 — Unlawful practice., with citation guidance and answers to common questions.

§ 446.165. Unlawful practice.

Sec. 5.

It is an unlawful practice under this act for a person, in connection with the assertion of a United States patent, to send or cause another person to send a written communication, including an electronic communication, that states in bad faith that the target is infringing or has infringed a patent and bears liability or owes compensation to another person, if 1 or more of the following apply:

(a) The communication falsely states that an action seeking administrative or judicial relief has been filed against the target or an affiliated person.

(b) The assertions contained in the communication lack a reasonable basis in fact or law because 1 or more of the following are true:

(i) The person asserting the patent does not have the current right, and does not represent a person that has the current right, to license the patent to or enforce the patent against the target or an affiliated person.

(ii) The communication seeks compensation for a patent that has been held to be invalid or unenforceable in a final, unappealable or unappealed judicial or administrative decision.

(iii) The communication seeks compensation because of activities undertaken after the patent has expired.

(c) The communication does not contain all of the following information necessary to inform the target or an affiliated person about the patent assertion:

(i) The identity of the person asserting a right to license the patent to or enforce the patent against the target or an affiliated person.

(ii) The number of the patent issued by the United States Patent and Trademark Office alleged to have been infringed.

(iii) The factual allegations concerning the specific areas in which the products or services obtained by the target or an affiliated person infringed the patent.

Frequently Asked Questions About Michigan § 446.165

What does Michigan Compiled Laws § 446.165 cover?

Section 446.165 ("Unlawful practice.") is part of the Michigan Compiled Laws, the codified statutory law of Michigan. 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 Michigan § 446.165?

A common citation format is "Michigan Compiled Laws § 446.165" (Michigan). 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 Michigan law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Michigan official source linked on this page or consult a licensed Michigan attorney.

How does Michigan § 446.165 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Michigan 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 Michigan.