MS HB957

Reenacts Mississippi Code sections 75-24-351 through 75-24-357 prohibiting bad faith assertions of patent infringement, including threats of litigation without filing suit, false claims that litigation has been filed, and assertions lacking reasonable factual or legal basis.

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

Exempts from the prohibitions patent owners actively using the patent in business, state institutions of higher learning, state agencies, affiliated technology transfer organizations, and persons seeking relief under 35 USC Section 271(e)(2) or 42 USC Section 262.

Authorizes the Attorney General to investigate and bring civil actions for violations, and allows courts to require violators to post bonds for estimated litigation costs.

Permits intended recipients to sue in circuit court for violations and requires courts to award litigation costs and attorney's fees to prevailing plaintiffs, plus actual damages and punitive damages up to three times actual damages.

Extends the repealer date for these provisions from July 1, 2025 to July 1, 2028, with the act effective July 1, 2025.