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MS HB521

Bill

Status

Failed

3/4/2014

Primary Sponsor

Andy Gipson

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Prohibits bad faith assertions of patent infringement in Mississippi and allows targets to seek damages, attorney's fees, and exemplary damages up to $50,000 or three times actual damages, whichever is greater.

  • Requires demand letters to include the patent number, patent owner/assignee names and addresses, and specific factual allegations about how the target's products or services infringe the patent.

  • Establishes factors courts may consider to determine bad faith, including incomplete demand letters, failure to conduct infringement analysis, meritless claims, unreasonable payment deadlines, and previous frivolous litigation by the same party.

  • Authorizes courts to require alleged infringers to post bonds up to $250,000 upon finding a reasonable likelihood of bad faith patent infringement claims, conditioned on payment of amounts finally determined to be owed.

  • Grants the Attorney General authority to make rules, investigate, bring civil actions, and awards targets the right to sue in circuit court for violations, effective July 1, 2014.

Legislative Description

Patent infringement; prohibit bad faith assertions of.

Last Action

Died In Committee

3/4/2014

Committee Referrals

Judiciary, Division A2/21/2014
Judiciary B1/20/2014

Full Bill Text

No bill text available