CCIA files brief supporting Idaho's stance on bad faith patent filings

The Computer & Communications Industry Association (CCIA) has filed an amicus brief at the Federal Circuit, urging it to uphold a ruling that Idaho's bad faith patent law is not preempted. The legislation was enacted to address the misuse of demand letters by patent trolls.

In its brief, CCIA emphasized the necessity of state laws against bad faith patent assertions, stating, "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 been advocating for technology policy that fosters innovation and sound patent policy for over 50 years.

Josh Landau from CCIA commented on the matter: “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.”

He further stated, “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.”