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]
An official New Zealand government bulletin on yesterday’s conclusion of the still-secret Trans Pacific Partnership Agreement negotiations accidentally confirmed something we all believed was in there all along: an extension of copyright terms to match the USA’s bizarre, evidence-free, century-plus terms.
Tim Harford, the Financial Times’s Undercover Economist, writes about the Happy Birthday to You court case, which finally settled the question of whether the familiar birthday song was still in copyright (it isn’t) and uses that as a springboard to ask the question: how long should copyright last?
For most of a decade, government negotiators from around the Pacific Rim have met in utmost secrecy to negotiate a “trade deal” that was kept secret from legislatures, though executives from the world’s biggest corporations were allowed in the room and even got to draft parts of the treaty.
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