EFF Sued for Defamation by Patent Lawyer Behind April’s Stupid Patent of the Month, Scott Horstemeyer

On May 26, 2015, Atlanta-based attorney Scott A. Horstemeyer sued the Electronic Frontier Foundation alleging that he was defamed by the April Stupid Patent of the Month blog post. Horstemeyer has demanded that EFF remove the post and publish an editorial repudiating it. EFF has declined this request and stands by the opinions expressed in the post.

We are very disappointed that an attorney would attempt to silence criticism with misguided and counterproductive litigation, and will defend against this lawsuit vigorously. As our counsel at the law firm of Bryan Cave have explained to Horstemeyer, there were no false facts in the post to retract or correct, and the opinions expressed are protected by the Constitution.

We will post updates and documents from the litigation to our Scott A. Horstemeyer v. Electronic Frontier Foundation case page.

“Trolls like Eclipse will continue to thrive as long as the Patent Office gives them stupid patents and courts allow them to use the cost of litigation to extort settlements. Reform such as the Innovation Act will make abusive patent litigation less attractive. But we need broader reform to stop the Patent Office from being a rubber stamp for vague and overbroad software patents.

Late breaking addition: As if to drive home just how much of a rubber stamp it is, the Patent Office issued yet another patent to Eclipse yesterday. Patent No. 9,019,130 is almost identical to the ’334 patent, except it deals with updating “time” information instead of “quantity” information.”

Scott A. Horstemeyer v. Electronic Frontier Foundation

On May 26, 2015, Atlanta-based attorney Scott A. Horstemeyer sued the Electronic Frontier Foundation alleging that he was defamed by the April Stupid Patent of the Month blog post. Horstemeyer has demanded that EFF remove the post and publish an editorial repudiating it. EFF has declined this request and stands by the opinions expressed in the post.

We are very disappointed that an attorney would attempt to silence criticism with misguided and counterproductive litigation, and will defend against this lawsuit vigorously. As our counsel at the law firm of Bryan Cave have explained to Horstemeyer, there were no false facts in the post to retract or correct, and the opinions expressed are protected by the Constitution.

We will post documents from the litigation to this case page.

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