580. Threats not actionable where contained in permitted communications.

A threat of infringement proceedings is not actionable1 if it is contained in a permitted communication2. A communication containing a threat of infringement proceedings is a 'permitted communication' if:

  1.  

    (1)     the communication, so far as it contains information that relates to the threat, is made for a permitted purpose3; and

  2.  

    (2)     all of the information that relates to the threat is information that is necessary for that purpose4 and the person making the communication reasonably believes is true5.

Each of the following is a 'permitted purpose':

  1.  

    (a)     giving notice that a patent exists6;

  2.  

    (b)     discovering whether, or by whom, a