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MS HB101

Bill

Status

Failed

2/2/2021

Primary Sponsor

Jerry Turner

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • Reenacts Mississippi Code Sections 75-24-351 through 75-24-357, which prohibit bad faith assertions of patent infringement against businesses and consumers

  • 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)

  • Exempts patent owners actively using patents in research/production, state higher education institutions, state agencies, and technology transfer organizations from the law's restrictions

  • Allows the Attorney General to conduct civil investigations, bring civil actions, and request courts require suspected violators to post bonds covering estimated litigation costs

  • Authorizes prevailing plaintiffs in private lawsuits to recover litigation costs, attorney's fees, actual damages, and punitive damages up to three times actual damages

  • 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

Committee Referrals

Judiciary A1/7/2021

Full Bill Text

No bill text available