The state of Vermont can proceed with its lawsuit against the much-maligned patent holder MPHJ Technology Investments in state court, the U.S. Court of Appeals for the Federal Circuit ruled Monday, handing a victory to Vermont Attorney General William Sorrell and to other states that have passed consumer protection laws to thwart patent trolls.
The Federal Circuit panel dismissed MPHJ’s appeal without holding oral arguments, concluding that U.S. law “precludes this court from second-guessing” a judge’s decision to keep the AG’s case in state rather than federal court. Chief Judge Sharon Prost authored the decision, which was joined by Judges Pauline Newman and Todd Hughes. MPHJ said it would ask the full appeals court to review the panel’s ruling.
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