Section 416.652 - Demand letters, no bad faith assertions of patent infringement - factors court may consider1. No person shall make a bad faith assertion of patent infringement in a demand letter.2. A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement in a demand letter:(1) The demand letter does not contain the following information: (b) The name and address of the patent owner or owners and assignee or assignees, if any; and(c) Factual allegations concerning the specific areas in which the target's products, services, or technology infringe the patent or are covered by the claims in the patent;(2) The demand letter lacks the information described in subdivision (1) of this subsection, the target requests the information, and the person fails to provide the information within a reasonable period of time;(3) The demand letter demands payment of a license fee or response within an unreasonably short period of time;(4) The person offers to license the patent for an amount that is not based on a reasonable estimate of the value of the license;(5) The person, company, or any of its subsidiaries or affiliates has previously presented a demand letter claiming or asserting patent infringement of the same patent under substantially the same circumstances, and a court has entered a final judgment that the demand letter presented a bad faith assertion of patent infringement;(6) The person attempted to enforce the claim of patent infringement in litigation, and a court found the claim to be brought in bad faith; and(7) Any other factor the court finds relevant.3. A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:(1) The demand letter contains the information described in subdivision (1) of subsection 2 of this section;(2) If the demand letter lacks the information described in subdivision (1) of subsection 2 of this section and the target requests the information, the person provides the information within a reasonable period of time;(3) The person engages in a good faith effort to establish that the target has infringed the patent and to negotiate an appropriate remedy;(4) The person makes 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: (a) The inventor or joint inventor holding the patent or in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, is the original assignee; or(b) An institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education;(6) The person has:(a) Demonstrated good faith business practices in previous efforts to enforce the patent, or a substantially similar patent; or(b) Successfully enforced the patent or a substantially similar patent through litigation; and(7) Any other factor the court finds relevant.Added by 2014 Mo. Laws, SB 706,s A, eff. 8/28/2014.