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MS HB1074
Bill
Status
2/4/2014
Primary Sponsor
Bobby Moak
Click for details
AI Summary
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Prohibits bad faith assertions of patent infringement against Mississippi persons and targets.
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Requires demand letters to include patent number, patent owner/assignee name and address, and specific factual allegations of infringement areas.
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Establishes factors courts may consider to determine bad faith assertions, including lack of required information in demand letters, failure to conduct infringement analysis, unreasonably short response deadlines, and meritless claims known to be false.
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Allows courts to require persons making bad faith assertions to post bonds up to $250,000 to cover target's litigation costs and recoverable damages.
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Authorizes targets and the Attorney General to sue for bad faith patent assertions, with remedies including equitable relief, damages, attorney's fees, and exemplary damages of $50,000 or three times total damages/fees (whichever is greater).
Legislative Description
Patent infringements; penalize bad faith assertions of.
Last Action
Died In Committee
2/4/2014