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Washington’s Patent Troll Protection Act Survives Constitutional Challenges

October 31, 2022

Western District of Washington Judge Ricardo S. Martinez has denied a motion to dismiss filed by Landmark Technology A, LLC (“Landmark A”) in a case filed early last year under the State of Washington’s Patent Troll Protection Act (PTPA) (2:21-cv-00728). Washington Attorney General Bob Ferguson seeks to enforce the PTPA, a law prohibiting bad faith assertions of patent infringement, against Landmark A’s widespread campaign. Landmark A, which is represented in the litigation by its sole member Raymond Mercado, moved to dismiss the suit on constitutional grounds, arguing that notice letters, even if they contain demands, are protected speech under the First Amendment. The court disagreed.


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