Court Refuses Anti-SLAPP Dismissal of Chapter 93A Claim Tied to Patent Demand Letters

Short summary

A Massachusetts federal court declined to dismiss a Chapter 93A counterclaim, ruling that anti-SLAPP protections don't apply when unfair competition claims include both litigation and pre-suit demand letters or threats. The decision limits anti-SLAPP scope by distinguishing between petitioning activity (lawsuits) and non-petitioning coercive tactics like patent infringement threats.

• •Anti-SLAPP protections narrowed: don't apply to 'mixed' claims involving pre-litigation threats alongside formal lawsuits
• •Pre-suit demand letters and infringement threats are non-petitioning activity, not covered by anti-SLAPP
• •Commercial extortion claims under Chapter 93A can survive dismissal if grounded in facts outside courtroom conduct

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