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MS SB2324

Bill

Status

Passed

3/17/2021

Primary Sponsor

Brice Wiggins

Click for details

Origin

Senate

2021 Regular Session

AI Summary

  • Reenacts sections 75-24-351 through 75-24-357 prohibiting bad faith assertions of patent infringement, including false claims of litigation, threats without follow-through, or assertions lacking reasonable factual or legal basis.

  • Requires patent infringement 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.

  • Exempts from the prohibition patent owners using patents in connection with substantial research, development, or manufacturing; state institutions of higher learning; state agencies; and technology transfer organizations affiliated with universities or state agencies.

  • Authorizes the Attorney General to investigate violations and bring civil actions, and allows intended recipients to sue in circuit court for litigation costs, attorney fees, actual damages, and punitive damages up to three times the actual damages.

  • Extends the repeal date of these provisions from July 1, 2021 to July 1, 2025.

Legislative Description

Bad Faith Assertions of Patent Infringement; extend repealer on.

Last Action

Approved by Governor

3/17/2021

Committee Referrals

Judiciary A2/24/2021
Judiciary, Division A1/14/2021

Full Bill Text

No bill text available