Law360 recently reported on the first jury verdict in the United States finding a patent owner liable under a state “patent troll” prevention statute. A Washington federal jury held inventor Leigh Rothschild and related parties responsible under the Washington Patent Troll Prevention Act, marking a rare and closely watched application of state anti-troll laws.
Law360 interviewed Finnegan partner Lionel Lavenue regarding the decision. Lionel said, "I think this may be the first one of its nature where not only was there a private right of action that was successfully implemented, but also where the jury so specifically and wholeheartedly ruled against the patent troll, and they did so in a way that not only awarded damages but awarded damages personally against the party, and breaching the corporate veil. That's all very surprising."
Lionel also highlighted how the decision may influence strategic choices in future cases involving state antitroll statutes. "I have a new case now that was filed in Virginia, and Virginia does not provide for a private right," he explained. "I actually thought about moving the case to Georgia, where there is a private right."
Looking ahead to the appeal, Lionel observed that Rothschild will have multiple issues to consider. "It was such a one-sided, whole-handed victory for Valve that there are various aspects that Rothschild will be able to pick from," he said. "Any appellate litigator knows that you don't want to pick more than three issues because, [if you have any] more than that, you're going to lose the appellate court with just too many arguments."
