Loading chat...

MS HB904

Bill

Status

Passed

3/15/2018

Primary Sponsor

Jason White

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Reenacts Mississippi Code sections 75-24-351 through 75-24-357 prohibiting bad faith assertions of patent infringement, including false claims of litigation, threats without filing suit, and assertions lacking reasonable basis in fact or law.

  • Requires patent assertion communications to include the identity of the person asserting patent rights, the specific patent number, and factual allegations of how the recipient's products or services infringe the patent.

  • Grants the Attorney General authority to conduct civil investigations and bring enforcement actions, and allows courts to require defendants to post bonds equal to estimated litigation costs.

  • Allows prevailing plaintiffs in private civil actions to recover litigation costs, attorney's fees, actual damages, and punitive damages equal to three times actual damages.

  • Extends the repeal date of these patent assertion prohibitions from July 1, 2018 to July 1, 2021, effective July 1, 2018.

Legislative Description

Bad faith assertions of patent infringement; extend repealer on prohibitions against.

Last Action

Approved by Governor

3/15/2018

Committee Referrals

Judiciary, Division A2/12/2018
Judiciary A1/11/2018

Full Bill Text

No bill text available