Computer & Communication Industry Association
PublishedMay 28, 2024

CCIA Files Amicus Brief asking to Uphold Ruling based on bad faith Patent filings in Idaho

Washington –  The Computer & Communications Industry Association filed an amicus brief at the Federal Circuit asking it to uphold a ruling that an Idaho bad faith patent law is not preempted. Idaho passed legislation to help curb the abuse of demand letters by patent trolls.

In this case, CCIA points out that “Demand letter assertion campaigns like those engaged in by Landmark illustrate the continuing necessity for state bad faith patent assertion laws to guard against this kind of abusive behavior.  This court should uphold the judgment below…”

CCIA has advocated for tech policy that advances innovation, including sound patent policy, for over 50 years.

The following can be attributed to Josh Landau:

“Idaho’s legislature chose to fight the type of abusive demand letters that have been all too common from bad actors seeking to abuse the patent system. One non-practicing entity tried to challenge Idaho’s power to create such a statute.  But Idaho has that power—and this case illustrates the continuing need for it.”

“We’re asking the Federal Circuit to find that Idaho’s law is not preempted by federal patent law, an action which has precedent in several District court cases as well as the Circuit’s own caselaw.”