As used in this part, the term:
(1) “Demand letter” means a letter, e-mail, or other written communication asserting or claiming that a person has engaged in patent infringement.
(2) “Institution of higher education” means an educational institution as defined in 20 U.S.C. s. 1001(a).
(3) “Target” means a person residing in, incorporated in, or organized under the laws of this state who purchases, rents, leases, or otherwise obtains a product or service in the commercial market which is not for resale in the commercial market and who:
(a) Has received a demand letter or against whom a written assertion or allegation of patent infringement has been made; or
(b) Has been threatened in writing with litigation or against whom a lawsuit has been filed alleging patent infringement.