We discussed this case earlier. Here's the judge's new order enjoining the Nebraska AG from enforcing the cease and desist letter sent to a plaintiffs-side law firm who was bringing patent infringement suits. Excerpt:
The court finds Activision is likely to win on the merits as there is no claim or
evidence to date of bad faith. Further, as there is no claim of bad faith, federal law
governing these patents, including sending initial letters to businesses believed to
violate a patent owned by Activision, is preempted by the federal government. Also,
Activision has a First Amendment right to associate with counsel of its choosing without
interference from the state of Nebraska. In addition, the cease and desist order
operates in this case as a prior restraint on Activision’s speech and association rights.
For these reasons, the court finds Activision is likely to win on the merits.