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MS HB232

Bill

Status

Failed

2/3/2015

Primary Sponsor

Bobby Moak

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Prohibits bad faith assertions of patent infringement in Mississippi, with the Legislature finding that abusive patent litigation harms small- and medium-sized businesses and the state's economy.

  • Establishes factors courts may consider in determining bad faith assertions, including missing required information in demand letters (patent number, owner/assignee names, specific infringement details), failure to conduct proper claim analysis, unreasonable payment deadlines, and meritless claims.

  • Allows courts to require posting of a bond up to $250,000 when a target establishes reasonable likelihood of bad faith assertion, conditioned upon payment of damages finally determined to be due.

  • Authorizes the Attorney General to enforce the act through civil investigations and actions, and permits targets to bring civil actions in circuit court for equitable relief, damages, attorney's fees, and exemplary damages up to $50,000 or three times total damages and fees, whichever is greater.

  • Takes effect July 1, 2015.

Legislative Description

Patent infringements; penalize bad faith assertions of.

Last Action

Died In Committee

2/3/2015

Committee Referrals

Judiciary B1/12/2015

Full Bill Text

No bill text available