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Sticks and Stones

April 25, 2013

Just a hat tip to our friends at Docket Navigator, for providing a copy of an order denying a motion to strike the term “patent troll” from a declaratory judgment action filed in the Southern District of New York. Finding that, while the term “describes entities that engage in negative, even aggressive, behavior,” it was “not so extreme or salacious” as to warrant a strike. Indeed, the term appears to aptly summarize the behavior “at the heart of plaintiff’s claim” that the defendant is trying to interfere with the plaintiff’s business.

Not news of tremendous note, but the term “troll” is hitting the mainstream – sufficiently so as to be included in pleadings.

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