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MS HB1074

Bill

Status

Failed

2/4/2014

Primary Sponsor

Bobby Moak

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Prohibits bad faith assertions of patent infringement against Mississippi persons and targets.

  • Requires demand letters to include patent number, patent owner/assignee name and address, and specific factual allegations of infringement areas.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary B1/20/2014

Full Bill Text

No bill text available