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MS SB2632

Bill

Status

Failed

2/2/2021

Primary Sponsor

Joey Fillingane

Click for details

Origin

Senate

2021 Regular Session

AI Summary

  • Reenacts Mississippi Code Sections 75-24-351 through 75-24-357, which prohibit bad faith assertions of patent infringement through written or electronic communications that threaten litigation without basis

  • Defines violations to include: threatening litigation with a pattern of no actual lawsuits filed, falsely claiming litigation has been filed, asserting invalid/expired patents, or failing to provide required information like patent numbers and specific infringement allegations

  • Exempts patent owners actively using patents in research, development, or manufacturing, as well as state higher education institutions, state agencies, and technology transfer organizations

  • Authorizes the Attorney General to conduct civil investigations and bring civil actions, with courts able to require violators to post bonds covering estimated litigation costs

  • Awards prevailing plaintiffs litigation costs, attorney's fees, actual damages, and punitive damages up to three times 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

Died In Committee

2/2/2021

Committee Referrals

Judiciary, Division A1/18/2021

Full Bill Text

No bill text available