May 2021: Washington State Has Sued a Patent Troll For Violating Consumer Protection Laws
Washington State Has Sued a Patent Troll For Violating Consumer Protection Laws
BY JOE MULLIN MAY 21, 2021
Landmark Technology, a patent troll that has spent 20 years threatening and suing small businesses over bogus patents, and
received EFFs Stupid Patent of the Month award in 2019, has been sued by the State of Washington.
Washington Attorney General Bob Ferguson has filed a lawsuit claiming that Landmark Technology has violated the states Patent Troll Protection Act, which bans bad faith assertions of patent infringement. Following a
widespread campaign of patent demand letters, more than 30 states
passed some kind of law placing limits on bad-faith patent assertions.
These laws face an uphill battle to be enforced. First of all, the Constitution places important limits on the governments ability to penalize the act of seeking legal redress. Second, the Federal Circuit has specifically held that a high bar of bad faith must be established for laws that would penalize patent assertion.
Washingtons case against Landmark could be a major test of state anti-troll laws, and whether state anti-trolling and consumer protection laws can dissuade some worst-of-the-worst patent troll behavior.
The lawsuit is filed against Landmark Technology A, a recently created LLC that appears to be largely identical to the now-defunct Landmark Technology. The new company asserts the same patent against the same type of targets. The patents inventor is Landmark Technology owner Lawrence Lockwood.
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