Vermont has passed a state-level law that allows companies to sue patent trolls who make deceptive claims in legal threats against them, and has used it to sue the notorious trolls at MPHJ, who say that anyone who scans a document over a network owes them $1000. However, it's not clear that the law will stand, as this is arguably federal jurisdiction.
The new law, believed to be the first in the nation, allows courts to consider if a claim is deceptive, specifies factors that can be considered as evidence, and provides for damages or relief to Vermont companies wrongly pressured into paying licensing fees or a settlement. The Vermont attorney general also can conduct civil investigations and bring civil action against violators.
"This bill will help to protect our good Vermont businesses from unscrupulous patent trolls who take advantage of them through bad faith claims of patent infringement. It will help us grow jobs," the governor said...
...Coinciding with the new law, the state filed a lawsuit Wednesday accusing a Delaware company of patent trolling. The attorney general's office sued Wilmington-based MPHJ Technology Investments and its 40 subsidiary companies operating in Vermont.
The office alleged that MPHJ claimed to have a patent on the process of scanning documents and attaching them to emails via a network and that MPHJ sent letters making deceptive statements to small businesses in Vermont, demanded money, and threatened litigation over licensing fees
Vt Gov Signs Novel Law Against False Patent Claims [Lisa Rathke/Associated Press]
Unified Patents raises money from companies that are the target of patent-trolling and then uses it to challenge the most widely used patents in each of its members’ sectors: now it’s going for the gold.
Jamie writes, “A photographer filed on Monday a $1 billion copyright infringement suit in New York against Getty Images’ American arm, alleging that the company is sending out letters demanding licensing fees for her photos that were donated to the Library of Congress.”
The Electronic Frontier Foundation has just filed a lawsuit that challenges the Constitutionality of Section 1201 of the DMCA, the “Digital Rights Management” provision of the law, a notoriously overbroad law that bans activities that bypass or weaken copyright access-control systems, including reconfiguring software-enabled devices (making sure your IoT light-socket will accept third-party lightbulbs; tapping […]
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