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Patent troll reform will effect East Texas

February 1st, 2011

Patent Litigation ReformChange is in the wind and it’s coming via Capitol Hill. The current issue of patent infringement abuse taking place in the court houses of Marshall, Texarkana, and Tyler Texas has Big Brother on its back now.

Facing this issue that is taking place in East Texas might not be on the top of the list of legislation, but it is definitely something that must be taken care of. The main issue is due mostly to the abuse that is taking place.

Although the term “patent troll” has been around for much longer, it has become more of a common phrase in the past 5-6 years. Patent trolls are the culprits responsible for the rise of patent infringement cases due to their excessive use of the court system in order to gain wealth.

Patent trolls are companies who look to push patent infringement to the limit by using any patents that they hold to target any other business that has a product or technology that has any similarity to their patent in order to sue them for damages.

More times than not they actually look to buy patents off of others. The government has taken notice of the abuse and has already submitted one bill to bring reform to patent infringement cases.

The major keys that they have identified is, first, to give the judges more responsibility by reviewing how much damage was done in by the product or technology and the other responsibility is to access how much really due to the company holding the patent.

The second major idea is to limit “forum shopping” that is, to limit cases being held in locations favorable to plaintiffs. So far no bills have been passed yet.

Whatever your perspective is about big government or little government, the abuse of the legal system has gotten them involved and that is just the beginning.

Living Alternatives

January 31st, 2011

In 1982 Beverly Kline wanted to help out a young girl who struggled with an unplanned pregnancy. She found that the only place that offered free pregnancy tests was an abortion clinic, which counseled girls to have an abortion. She saw the need that there needed to be a place that encouraged girls to give their unborn baby life, and offered free pregnancy test. She started to help girls out of her small apartment. Later Bev, along with five staff members opened the Crisis Pregnancy Center. A year later they opened a home for pregnant women with no support. Since then the Living Alternatives has blossomed and has touched thousands of life through their many programs.

Pregnancy can be a scary thing, whether you are single, married, young, old, healthy, or unhealthy. The thing that makes the experience easier and a lot less stressful is the support of family and the people around you. Sadly, many young girls become pregnant and have not support system. Living Alternatives offers these young girls encouragement, counseling, and even an education. Living Alternatives has four main branches around East Texas. Father Heart is a home for young pregnant girls to go live during their pregnancy. Here each girl will live a structured life style under the leadership and encouragement of the staff. This structure includes counseling, healthy diets, and exercise, and if the girls are willing they can finish up their high school education here. The large house gives the girls the luxury of their own space. They are allowed to have guests visit and allowed to leave the house, but each you lady is expected to respect the other girls, the staff, and the rules of the facilities. Father Heart has staff that takes girls to doctor visits and whatever else they need. This is a great place for young girls to come and be encouraged during this life changing time, whether they are giving the baby up for adoption or if they are planning on raising their baby.

Another great branch of Living Alternatives is the Pregnancy Resource Center. The Pregnancy Resource center is located by the Tyler Junior College main campus. The center offers all girls free pregnancy tests and free sonograms. The extremely polite staff keeps everything confidential. When you walk into the center you will have a couple papers to fill out, this is only for their fills and will in no way be used against you. They want to know about your support system, and want to be an encouragement towards young women. Young women will have a private pregnancy test, and the staff will have a few minutes to counsel and encourage these girls. If the test is positive, the center will offer schedule each girl for a free sonogram. The pregnancy center will help girls find doctors and offers a proof of pregnancy (which is needed for pregnancy Medicaid).

Building Blocks offers young moms all different types of assistance. Many people have donated a ton of stuff to Building Blocks for children and mothers. These donated toys, furniture, clothing, and much more are for families in need. Building blocks also offers encouragement to new moms. There are many women that understand the strain and stress of raising children, and they are there to offer a hand of encouragement, and an ear to listen to the things mothers are stressed with. If you have a huge box full of baby clothes and just want to get rid of the box that is just collecting dust and taking up room, you can donate it to the building box program. The building is located next door to the Pregnancy Resource Center (near TJC).

Sometimes young women are not prepared to raise a child and have to make a purely selfless decision of giving the baby up for adoption. Many women’s biggest fear of placing their baby up for adoption is a misunderstanding that once they place the baby for adoption they will have no idea where the baby is or if the baby is taken care of. Loving Alternatives is an adoption agency that is sensitive to the birth mother. The birth mother can meet and get to know the family that will be raising the child that they are giving birth to. They can even get letters and pictures of the child, through the adoption agency, as he or she grows up. This is an encouragement to the birth mom that shows that the baby is loved and is in a good home.

Father Heart, The Pregnancy Resource Center, Building Blocks, and Loving Alternatives all work together to help young women make the best decision for mommy and baby. The staff at each facility will bring encouragement to the decision that women will carry this baby and choose life for their unborn child.

Don’t let your east Texas town partner in crime let Juarez be a warning

January 30th, 2011

Small town acceptance of wrong doingWhile considering the current issue of the number of “patent troll” cases taking place in the East Texas area I remembered a story I heard of a town in the Juarez Valley outside of the Mexican border city of Juarez.

During the past number of years the people of a small town in the Juarez Valley became aware of the drug trafficking taking place in there town due to its proximity to the United States.

But instead of doing something to rid themselves of this illegal practice they created a kind of symbiotic relationship as the drug traffickers brought business to the small town.

As time passed, the highly documented battle for trafficking territory began to take place and reached the small town resulting in atrocious acts of violence and killing.

The small town’s passive acceptance of the traffickers and their business began to have its repercussions as the violence spilled over into their lives and climaxed when, one day, notes were posted throughout the town announcing a date in which every person had to leave town or be killed.

Of course, not at all to this extreme, the concern for East Texas is that there will not be passive acceptance of these “patent trolls” just to capitalize on their business.

The desperateness of these “patent trolls” to have their cases brought to the favorable court circuit in East Texas reached an all-time high when it was reported that one group set up an employee-less front in a local Tyler office in order to file in a court there.

If the people of East Texas continue to allow this ridiculous practice to take place, there could be repercussions later greater than expected. Because when you sell your soul to the devil, you will get burned!

East Texas Gives Large Compensation to Patent Holders

January 27th, 2011

East Texas CourtsDoesn’t it seem like every time a commercial comes on advertising some new technology or service, you have to do a Google search just to understand what their talking about?

Droid phones, 3G, 4G, IPads, Blackberry, and the list goes on and on. We are facing a modern age in which the inventing and producing of new technology is moving at lightning speed and whoever is at the front will make the most money.

Unfortunately, other aspects of the technology business are not keeping up. This is especially true when it comes to patents and what constitutes patent infringement.

Now, we are not just talking about keeping up with the incredible growth of wireless media that has taken place this last decade, we are talking 50 years since they set the standard that is currently being used to assign and distinguish patents.

And what that means is that the standard in which the courts of East Texas use to hand out high money compensation for patent infringement is outdated.

It is this exact standard in question that the citizens and judges of the courts in Marshall, Texarkana, and Tyler have used to award hundreds of millions of dollars for patent infringement.

The two major factors in question in the current standard is to what extent a patent reaches in certain technology and how much financial damage is really taking place with infringements.

Both factors, if changed, would lower the amount of compensation dramatically. Considering that the majority of new technology deals with multiple patents, the potential of monster lawsuits bringing some companies to their knees is in the future if the current standard is not updated.

Patent Trolls Aim Pistol at Big Business in East Texas

January 24th, 2011

Patent TrollingWith the failure of Proposition 19 in California came the loss hope among many citizens of the Golden State to be legally practicing one of their “recreational” hobbies. Many still wonder, what is the big deal about legalizing the use of the substance as some of our colleagues in Europe have?

The common thought is, if we legalize marijuana like tobacco and alcohol, then there will not be as many problems, right? Right? Well, let me say this in my best Texan. Just ‘cause you change the look of something, don’t mean it’s right. In so many different areas, there is a search to make something look better by changing the wording of it.

As “political correctness” takes over we can suffer a compromise that will hurt us on the long run. Take, for example, the little controversy of patent trolls in the business arena.

Patent trolls consist of companies who have obtained patent licenses with the sole intent to use them as a pistol aimed at bigger businesses that might have infringed on the patent in order to bring a lawsuit against them for compensation.

Now, one red flag of a patent troll is that the business has not manufactured the patented item and will never do so. Some uproar has come as a result of this practice and many are taking sides.

In an attempt to downplay this unethical practice is to refer to them, not as patent trolls, but rather, “non-practicing entities”. As in, “We choose not to implement the objects of our patents.” That’s like saying, “I’m a non-practicing dieter”.

Whatever the case may be, if it quacks like a duck, walks like a duck, and has feathers like a duck then it’s a duck.