When it comes to fighting the infamous patent troll MPHJ Technology Investments LLC, Nebraska attorney general Jon Bruning must envy his counterpart in Vermont. Just days after Vermont AG William Sorrell cleared a hurdle in his state’s consumer protection lawsuit against MPHJ, a judge in Nebraska has rejected a similar effort by Bruning’s office and awarded MPHJ attorney fees for violations of its constitutional rights.
In a ruling issued on Tuesday, U.S. District Judge Joseph Bataillon in Omaha ruled that Nebraska’s crackdown on MPHJ’s patent enforcement efforts interfered with the company’s free speech rights and right to select its counsel. The judge also enjoined the state from further investigating MPHJ unless it can make threshold showing that the company is acting in bad faith. Finally, Bataillon ruled that MPHJ is entitled to recover an as-yet-undetermined amount of attorney fees from the state.
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