North Dakota Code § 51-36-08

Exceptions
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This chapter does not apply to:
1. Any person that owns or has the right to license or enforce a patent to notify another of 
that ownership or right of license or enforcement, to notify another that the patent is 
available for license or sale; notify another of the infringement of that patent pursuant 
to the provisions of title 35 of the United States Code; or seek compensation on 
account of a past or present infringement, or for a license, if it is reasonable to believe 
that the person from whom compensation is sought may owe such compensation.
2. Any demand letter sent by:
a. Any corporation traded on a public stock exchange or any entity owned or 
controlled by such corporation;
b. An owner of the patent which is using the patent in connection with the 
substantial research, commercial development, production, manufacturing, 
processing, or delivery of products or materials;
c. Any institution of higher education as that term is defined in section 101 of the 
federal Higher Education Act of 1965 [20 U.S.C. 1001]; or
d. Any technology transfer organization whose primary purpose is to facilitate the 
commercialization of technology developed by an institution of higher education.

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