On September 17, 2018, the ACLU of New Hampshire and the Electronic Frontier Foundation (EFF) filed an amicus brief in this case before the New Hampshire Supreme Court.
As explained in the amicus brief filed in this defamation case, the Plaintiffs are attempting to use New Hampshire courts as a vehicle to chill protected speech and silence criticism. The challenged statements in this case, which include the term "patent troll," are part of a national debate about patent policy and litigation. In particular, they are at the center of a debate about entities, like Plaintiffs, whose primary business model is the assertion of patent rights. Some believe that such companies—known variously as “non-practicing entities,” “patent assertion entities,” or “patent trolls”—are a drain on the economy and use the high cost of litigation to extract unwarranted licensing fees. Others believe that patent assertion entities are an essential vehicle to vindicate intellectual property rights. Regardless of one’s views, neither side of this debate should be able to use the courts to silence the other.