MS SB2787

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 law patent owners actively using their patents in business, state institutions of higher learning, state agencies, technology transfer organizations affiliated with state entities, and persons seeking relief under specific federal statutes.

Authorizes the Attorney General to conduct civil investigations and bring enforcement actions, and allows courts to require bond from violators equal to estimated litigation costs and potential recovery amounts.

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