Bad faith assertions of patent infringement; repeal repealer on.

Mississippi buyers keep bad-faith patent protections

Effective July 1, 2025, Mississippi removes the scheduled repeal of its protections against bad-faith patent demands. These protections cover buyers and renters who obtain products or services for use, not resale. Covered demands include claims against them or people and businesses under common ownership or control. The law bars written or electronic demands that repeatedly threaten lawsuits without filing them, or falsely claim lawsuits were filed. It also bars demands based on rights the sender cannot enforce, patents finally ruled invalid or unenforceable, or activities after expiration. Demands must identify the patent holder or licensor, patent number, and specific facts supporting the infringement claim. Good-faith notices about patent rights, licenses, sales, infringement, or compensation remain allowed. Exemptions cover patent owners substantially using their patents, Mississippi state agencies and higher education institutions, and qualifying technology-transfer groups. Their licensees are also exempt when those entities retain patent ownership. Claims under 35 U.S.C. § 271(e)(2) or 42 U.S.C. § 262s are exempt. Covered recipients can sue in Mississippi circuit court. Winning plaintiffs must receive litigation costs and reasonable lawyer fees. Courts may also award actual damages plus punitive damages equal to three times actual damages. The Attorney General can investigate and sue. At the Attorney General’s request, a court finding a reasonable likelihood of a violation can require a bond. The bond covers estimated litigation costs and likely recoveries; either party can request a hearing.