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MS HB101
Bill
Status
2/2/2021
Primary Sponsor
Jerry Turner
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AI Summary
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Reenacts Mississippi Code Sections 75-24-351 through 75-24-357, which prohibit bad faith assertions of patent infringement against businesses and consumers
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Defines violations to include threatening litigation without following through, falsely claiming litigation has been filed, seeking compensation for invalid/expired patents, or sending infringement notices lacking required information (patent number, identity of asserting party, specific infringement allegations)
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Exempts patent owners actively using patents in research/production, state higher education institutions, state agencies, and technology transfer organizations from the law's restrictions
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Allows the Attorney General to conduct civil investigations, bring civil actions, and request courts require suspected violators to post bonds covering estimated litigation costs
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Authorizes prevailing plaintiffs in private lawsuits to recover litigation costs, attorney's fees, actual damages, and punitive damages up to three times actual damages
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Extends the repeal date for these provisions from July 1, 2021 to July 1, 2024
Legislative Description
Bad faith assertions of patent infringement; extend repealer on prohibitions against.
Last Action
Died In Committee
2/2/2021