MPHJ has filed for removal of the Vermont Attorney General’s (AG) lawsuit against it to federal court. As is clear from the filing, MPHJ is trying to insert issues of patent law into the lawsuit in order to justify removal – unfortunately for MPHJ, none of those issues truly exist as the AG’s complaint doesn’t allege that MPHJ’s patents are invalid, unenforceable, or even that the Vermont businesses that MPHJ has chosen to send demand letters to don’t infringe. If the AG seeks remand, it is certainly not a sure thing for MPHJ that it would remain in federal court. A nice analysis of the issues MPHJ faces is over at The Essential Patent Blog.
The motion is here.