New Hampshire Court: First Amendment Says You Can Call A Patent Troll A Patent Troll

New Hampshire Court: First Amendment Says You Can Call A Patent Troll A Patent Troll

6 years ago
Anonymous $CLwNLde341

https://www.techdirt.com/articles/20180412/23384239619/new-hampshire-court-first-amendment-says-you-can-call-patent-troll-patent-troll.shtml

A New Hampshire state court has dismissed a defamation suit filed by a patent owner unhappy that it had been called a "patent troll." The court ruled [PDF] that the phrase "patent troll" and other rhetorical characterizations are not the type of factual statements that can be the basis of a defamation claim. While this is a fairly routine application of defamation law and the First Amendment, it is an important reminder that patent assertion entities – or "trolls" – are not shielded from criticism. Regardless of your view about the patent system, this is a victory for freedom of expression.

The case began back in December 2016 when patent assertion entity Automated Transactions, LLC ("ATL") and inventor David Barcelou filed a complaint [PDF] in New Hampshire Superior Court against 13 defendants, including banking associations, banks, law firms, lawyers, and a publisher. ATL and Barcelou claimed that all of the defendants criticized ATL's litigation in a way that was defamatory. The court summarizes describes the claims as follows: