Amend the bill, as and if amended, by striking page 2, lines 18-28, and inserting the following:
/ Section 39-4-101. For purposes of this chapter:
(1) 'Affiliate' means a business establishment, a business, or other legal entity that wholly or substantially owns, is wholly or substantially owned by, or is under common ownership with another entity.
(2) 'Affiliated person' means a person under common ownership or control of an intended recipient.
(3) 'Intended recipient' means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the ordinary business and that is, or later becomes, the subject of a patent infringement allegation.
(4) 'Manufacturer' means a person, a business establishment, a business, or other legal entity engaged in a business to design, formulate, produce, create, make, construct, assemble, or rebuild products or goods, or components thereof.
(5) 'Person' means any natural person, partnership, corporation, company, trust, business entity or association, and any agent, employee, partner, officer, director, member, associate, or trustee thereof. /
Further amend the bill, as and if amended, by striking page 4, lines 12-24, and inserting the following:
/ (C) The provisions of this chapter shall not apply to any written or electronic communication sent by:
(1) any owner of a patent who is using the patent in connection with substantial research, development, production, manufacturing, processing or delivery of products or materials;
(2) a manufacturer or its affiliate;
(3) any institution of higher education as that term is defined in section 101 of the Higher Education Act of 1963 (20 U.S.C. 1001);
(4) any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education; or
(5) any person or business entity seeking a claim for relief arising under 35 U.S.C. Section 271(e)(2). /
Further amend the bill, as and if amended, by striking page 5, line 33, and inserting the following:
/ SECTION 2. This act takes effect July 1, 2016. /
Renumber sections to conform.
Amend title to conform.