The patent-holding company MPHJ Technology Investments LLC has been on the defensive since last year, accused by state and federal officials of running an illegal intellectual property shakedown. Now the much-maligned company is looking for a break from an appeals court in Washington, D.C., arguing that its rights—not to mention the U.S. patent system—are under assault by Vermont’s attorney general and a federal judge in Burlington.
In a 50-page brief filed last week at the U.S. Court of Appeals for the Federal Circuit, MPHJ argued that Vermont should be barred from pursuing a state law consumer protection lawsuit against the company that it says is clearly preempted by federal patent law. MPHJ’s lawyers blasted U.S. District Judge William Sessions for ruling that Vermont’s case can proceed in state rather than federal court, and they urged the Federal Circuit to revive their bid for sanctions against the Vermont AG for bringing the case in the first place.
