Law360, New York (January 17, 2014, 8:41 PM EST) -- A so-called patent troll's suit claiming the Federal Trade Commission violated its constitutional right to assert its patents faces long odds, attorneys say, since the FTC appears to have strong evidence that the company's enforcement efforts were misleading.
In a suit filed Jan. 13, MPHJ Technology Investments LLC claims the FTC's threat to sue the company — for making false statements while licensing its scanner patents — runs afoul of MPHJ's First Amendment right to petition the government, which covers the enforcement of federally issued patents.
However, the FTC's draft complaint, which states that MPHJ sent licensing demand letters to more...
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