Judge: MPHJ Technology can Continue Sending Cease-and-Desist Scan-Patent Enforcement Letters

From Law360: A federal judge ruled Tuesday that Nebraska Attorney General Jon Bruning cannot prevent the law firm Farney Daniels PC from representing a company Bruning has branded a patent troll during an investigation into the company’s operations.

U.S. District Judge Joseph F. Bataillon granted MPHJ Technology Investments LLC a preliminary injunction that prevents Bruning from enforcing a cease-and-desist order issued in July.

The letter barred Farney Daniels from sending licensing demand letters to Nebraska businesses on behalf of MPHJ, while Bruning investigates whether the letters included false statements that violated state consumer protection laws.

The judge ruled that MPHJ, which argues that Bruning’s order is a violation of its constitutional rights to enforce its patents and hire counsel of its own choosing, is likely to prevail on the merits. He added that an injunction is warranted even though Bruning voluntarily withdrew the cease-and-desist order after MPHJ filed suit.

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