On May 26, 2015, Atlanta-based attorney Scott A. Horstemeyer sued the Electronic Frontier Foundation alleging that he was defamed by the April Stupid Patent of the Month blog post. Horstemeyer has demanded that EFF remove the post and publish an editorial repudiating it. EFF has declined this request and stands by the opinions expressed in the post. 

We are very disappointed that an attorney would attempt to silence criticism with misguided and counterproductive litigation, and will defend against this lawsuit vigorously. As our counsel at the law firm of Bryan Cave have explained to Horstemeyer, there were no false facts in the post to retract or correct, and the opinions expressed are protected by the Constitution.

Horstemeyer voluntarily dismissed this lawsuit on June 4, 2015.