A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:

1. (1) The demand letter contains the information described in section 2(a)(1) of this chapter.

2. (2) If the:

   1. (A) demand letter lacks the information described in section 2(a)(1) of this chapter; and

   2. (B) target requests the information;

      the person provides the information to the target within a reasonable period of time.

3. (3) The person engages in a good faith effort to:

   1. (A) establish that the target has infringed the patent; and
   2. (B) negotiate an appropriate remedy.

4. (4) The person makes a substantial investment in the:

   1. (A) use of the patent; or
   2. (B) production or sale of a product or item covered by the patent.

5. (5) The person is:

   1. (A) the inventor or joint inventor of the patent; or
   2. (B) if the patent was filed by and awarded to an assignee of the original inventor or joint inventor, the original assignee.

6. (6) The person has:

   1. (A) demonstrated good faith business practices in previous efforts to enforce the patent or a substantially similar patent; or
   2. (B) successfully enforced the patent, or a substantially similar patent, through litigation.
7. (7) Any other factor the court finds relevant.

As added by P.L.172-2015, SEC.1.