Monday, September 23, 2013

Nebraska AG’s Cease & Desist Order Does Not Preclude Counsel from Representing Plaintiff in Federal Litigation

The court granted in part plaintiff's motion for a preliminary injunction to prevent defense counsel from enforcing a cease and desist order issued by the Nebraska Attorney General prohibiting plaintiff's counsel "from initiating new patent infringement enforcement efforts within the State of Nebraska." "During the hearing, the Court questioned counsel for the Nebraska Attorney General. Counsel conceded that this court has complete and exclusive jurisdiction over patent cases. He further conceded that the cease and desist order is not intended to keep [plaintiff's counsel] from representing [plaintiff] in this case or a case in any other jurisdiction. He also agreed that [plaintiff's counsel] can pursue any of the prospective infringers that have already been identified and can file suit against any newly identified potential infringers. Counsel for the Nebraska Attorney General stated that the cease and desist order only prohibits [plaintiff's counsel] from sending out letters to potential new infringers. With these concessions, the Court will rule that [plaintiff's counsel] can file an appearance in this case or any other federal cases without running the risk of violating the State of Nebraska Attorney General’s cease and desist order. Further, [plaintiff's counsel] may proceed to prosecute their cases, including all discovery, as it would in any other lawsuit." The court stated that a later order would address "whether this court has jurisdiction to determine the constitutionality of the cease and desist order."

Activision TV, Inc. v. Pinnacle Bancorp, Inc., 8-13-cv-00215 (NED September 19, 2013, Order) (Bataillon, J.)

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