Atlanta lawyer sues after his patent is featured in 'stupid patent of the month' blog post
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An Atlanta lawyer and inventor has filed a defamation suit against the Electronic Frontier Foundation for featuring his patent as “stupid patent of the month.”
The May 26 suit (PDF) by lawyer Scott Horstemeyer claims the post defamed him partly because of its assertion that he has “shown advanced skill at gaming the patent system,” report Corporate Counsel (sub. req.) and Ars Technica. According to the suit, Horstemeyer is a “prolific inventor” who has been awarded 28 patents and who enjoys an “unblemished career and reputation” that was damaged by the article.
The patent, assigned by Horstemeyer to Eclipse IP, is for a method of updating delivery information. The EFF blog post claimed a federal judge had invalidated similar claims for patents “in the same family” but Horstemeyer didn’t disclose that to the patent examiner during prosecution of the delivery method patent.
Horstemeyer’s lawyer, who sought a retraction before filing suit, says the federal judge’s ruling wasn’t material and didn’t have to be disclosed.
EFF general counsel Kurt Opsahl says in this blog post that the group “stands by the opinions expressed in the post” and it will “defend against this lawsuit vigorously.”
Outside counsel Eric Schroeder of Bryan Cave said in a letter (PDF) to Horstemeyer’s lawyer that the article is “clearly subjective opinion and hyperbole” that is protected by the First Amendment. The suit also says the article isn’t actionable because the opinions were based on truthful disclosed facts.
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