Earlier this week, we announced that an Atlanta-based patent attorney, Scott A. Horstemeyer, had sued EFF for defamation. Horstemeyer alleged that he was defamed by the April Stupid Patent of the Month blog post. We explained that there were no false facts in the post to retract or correct, and the opinions we expressed are founded on the undisputed facts and are fully protected by the Constitution.
Horstemeyer unilaterally dismissed his lawsuit yesterday. We are pleased that he has decided to abandon his misguided and counterproductive litigation. He dismissed his case without prejudice, and there was no settlement or agreement between the parties, meaning he could still re-file the meritless lawsuit. We stand ready to defend if he does, but for now consider this matter to be over.
We thank our counsel at Bryan Cave and everyone who sent us messages of support.