(a) The provisions of this article shall not apply to: (i) A person that owns or has the right to license or enforce a patent if the person is: (A) Notifying another of the ownership right or enforcement right in the patent; (B) Notifying another that the patent is available for license or sale; (C) Notifying another of the infringement of the patent pursuant to title 35 of the United States Code or section 262 of title 42 of the United States Code; or (D) Seeking compensation from another person for a past or present infringement of a patent, or for a license, if it is reasonable to believe that the person owes the compensation. (ii) A demand letter sent by: (A) An owner of the patent that is using the patent in connection with substantial research, commercial development, production, manufacturing, processing or delivery of products or materials; or (B) Any institution of higher education or 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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