I can see now: “Come to Marshall where you are sure to lose lots of money!” Of course it could read in reverse: “Come to Marshall where you are sure to win lots of money!” Then again, they could post both with one stating it’s for defendants and the other stating it’s for plaintiffs.
Silly as all that sounds, the truth is, Marshall Texas, has become the “kryptonite” to defendants of patent infringement cases. The percentage of plaintiffs who have won these types of cases in the court circuit of Marshall and other East Texas towns has set such a standard that big company defendants don’t even take the time to set foot in town.
The cost and process of having the case in Marshall becomes so much, as the companies are located in places like the Northeast and West Coast, which more often than not the companies settle out of court. They simply look to cut the cost and get it over with.
Unfortunately, it’s this manner of dealing with the cases that encourages “patent troll” types to invest heavily to get hold of patents simply to establish a legitimate case to accuse these companies of patent infringement, knowing that they will want to settle.
For a town known for its home-cooking-welcome-to-grandmas-home feel to it, it is quite surprising that the mere mentioning of its name brings fear to companies like, Cisco, Microsoft, and Time Warner. But the truth is, Marshall Texas has become a grave yard for defendants of patent litigation.
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