Nebraska AG Hit With $725K Attorneys’ Fees Award In MPHJ Litigation

The final shoe has dropped in the Nebraska lawsuit that pitted MPHJ Technology Investments and Activision TV (n/k/a ActiveLight) against outgoing Nebraska Attorney General Jon Bruning; and it has fallen on the AG.

Recall that in 2013 Bruning sent a cease–and–desist letter to Activision TV’s counsel, Farney Daniels, demanding that the firm stop its patent enforcement efforts in Nebraska pending an investigation into potential unfair trade practices. Activision TV returned fire, seeking an injunction against the Nebraska AG’s investigation.

While New York and the Federal Trade Commission were successful in reaching agreements with MPHJ regarding its sales calls and legal threats accusing small businesses of patent infringement, and Vermont AG William Sorrell continues litigation filed under a Vermont statute addressing such conduct, the Nebraska AG’s efforts were wholly unsuccessful. U.S. District Judge Joseph Bataillon entered an injunction against the AG from interfering with patent assertion activities by Farney Daniels on behalf of its clients, and has now ordered the AG to pay the agreed amount of $725,000 in attorneys’ fees to MPHJ and ActiveLight.