Activision TV Obtains Preliminary Injunction Against Nebraska Attorney General: Court Permits Law Firm to Represent Activision in Patent Infringement Action Where Nebraska Attorney General Had Ordered Law Firm to Stop Patent Enforcement Efforts in Nebras
Activision TV, Inc. ("Activision") filed a patent infringement action against Pinnacle Bancorp, Inc. ("Pinnacle"). Counsel for Activision, Farney Daniels, had previously sent letters to companies throughout the United States that Activision believed were infringing its patents. Five of these companies were in Nebraska. The letters requested information to determine if three was infringement of the patents.
As a result of these letters, the Attorney General's office for the State of Nebraska opened an inquiry. After the action was filed against Pinnacle, the Nebraska Attorney General filed a cease and desist letter against the law firm of Farney Daniels. The cease and desist letter prohibited Farney Daniels from initiation new patent infringement enforcement efforts in the State of Nebraska. Because of the cease and desist order, Farney Daniels asserted it would be unable to represent Activision in this case and in other federal court cases.
Activision then moved for a preliminary injunction to permit Farney Daniels to represent it in the currently pending patent infringement case. The district court conducted a hearing at which it questioned representatives from the Nebraska Attorney General's office.