MS HB589

Prohibits bad faith assertions of patent infringement through written or electronic communications that threaten litigation without filing, falsely claim litigation has been filed, or lack reasonable basis in fact or law.

Requires patent infringement communications to include the identity of the person asserting patent rights, the patent number issued by the U.S. Patent and Trademark Office, and factual allegations about specific areas of infringement.

Exempts communications from patent owners actively using patents in business, state institutions of higher learning, state agencies, technology transfer organizations affiliated with state entities, and persons seeking relief under specified federal statutes.

Grants the Attorney General authority to conduct civil investigations and bring civil actions, with courts able to award available state law remedies and require violators to post bonds for litigation costs.

Allows intended recipients to sue in circuit court for actual damages plus treble damages (three times actual damages) and recover litigation costs and attorney's fees if they prevail.

Sunsets on July 1, 2018.