We previously discussed the Vermont attorney general’s enforcement action against MPHJ Technology Investments, LLC, a non-practicing entity that has recently been the subject of regulatory scrutiny. The attorney general’s complaint, filed in Vermont state court in early May of 2013, alleges that MPHJ’s patent assertion conduct directed toward Vermonters violates the state’s Consumer Protection
FTC, MPHJ enter settlement and consent order in demand-letter investigation
Following an investigation of alleged deceptive patent-assertion practices, the FTC has reached settlement with non-practicing entity MPHJ (the so-called “scanner troll”) and its counsel, Farney Daniels PC. The resolution has resulted in an agreement and consent order that would bar MPHJ and the Farney Daniels firm from making misrepresentations — including deceptive claims concerning the…
Eighth Circuit grants MPHJ’s motion to transfer Nebraska AG appeal to the Federal Circuit
The Eight Circuit Court of Appeals recently granted MPHJ’s motion to transfer the ongoing appeal involving the cease and desist letters sent by the Nebraska Attorney General to the Farney Daniels firm, directing the appeal to the Federal Circuit, which has exclusive jurisdiction over patent appeals. In the context of the ongoing debate as…
Federal Circuit dismisses MPHJ’s writ of mandamus, appeal for lack of jurisdiction
Back in April, we reported on the Vermont Attorney General’s suit against non-practicing-entity MPHJ being remanded to state court. Dissatisfied with the district court’s decision, MPHJ appealed the remand and filed a petition for a writ of mandamus with the Federal Circuit, arguing that the decision was an abuse of the district court’s discretion.…
Back to state court: Vermont’s unfair competition suit premised solely on state law
After being removed to federal district court last May, the Vermont Attorney General’s suit against non-practicing entity MPHJ is being sent back to state court. The decision holds that the AG’s unfair competition claims arising from MPHJ’s patent enforcement efforts belong in state court and raises the question of whether other patent demand letter jurisprudence …
FTC moves to dismiss patent assertion entity MPHJ’s complaint in W.D. Tex.
The U.S. Federal Trade Commission (FTC) moved to dismiss patent monetization entity MPHJ’s W.D. Tex. complaint on Monday, alleging that the court lacks jurisdiction over the matter. Back in January 2014, MPHJ filed a complaint against the FTC in W.D. Tex., preemptively seeking to prevent an enforcement action threatened by the FTC. The FTC’s enforcement…
Judge Enjoins Nebraska AG from Enforcing Cease and Desist Order Against Alleged Patent Assertion Entity
Last week, District of Nebraska judge Joseph F. Bataillon entered an order preliminarily enjoining the Nebraska Attorney General (AG) from enforcing a cease and desist order that would prevent or impede the law firm of Farney Daniels from representing patent assertion entity MPHJ Technology Investments, LLC (MPHJ) to license or litigate MPHJ’s U.S. patents with…
RANDomness
- InsideCounsel magazine recently published an article of ours, titled “Establishing Federal Rules of Patent Procedure“. This article is the first in a three-part series in which we examine certain “patent reforms” that have been proposed in response to the perceived rise in assertions by non-innovative patent assertion entities. In this article, we look
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Vermont Attorney General files suit against notorious scanner non-practicing entity
We’re going to take a quick time-out from standard-essential patent issues for a minute for a brief post on non-practicing entities. These NPEs are getting more and more attention from industry, regulators, and Congress, with a multitude of recent legislation (e.g., the SHIELD Act, the Patent Quality Improvement Act and the End Anonymous Patents…