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Politics and patent infringement cases in East Texas, what is the connection?

September 21st, 2011

patent litigation law firms and politicsYes, politics do play a part. Well, at least when it comes to patent infringement cases, it seems that it has. An interesting report has gone out where it ranks court districts under certain categories in patent litigation.

The eastern court district of Texas has a strong reputation for being the forum of choice for patent infringement cases, yet surprisingly enough it does not rank first in any of the important categories.

The western district of Wisconsin ranks first when it comes how much time it takes to process a litigation cases with a little over six months, yet they are often overlooked as a forum for the infringement cases.

This has given them quite the chip-on-the-shoulder. So the question begs to be asked, what makes the eastern Texas district more appealing? There is a separation between these two states that is more than six Midwest states and that separation is political worldview.

It is safe to say that the majority of Texas leans conservative and the majority of Wisconsin leans liberal. Taking what we know about the two views, we know that conservative Texans are big on property rights, whether it’s physical or intellectual property.

Now, it’s not to say that the people of Wisconsin don’t feel the same, but when it comes to the whole issue of “what is mine, is mine” there ain’t no place like Texas.

And when it comes to plaintiffs picking there “forum” of choice, the one category that overrules them all is the amount of victories in a district. And where East Texas ranks 7th with a 40 percent win rate, Western Wisconsin ranks 28th with a 24 percent win rate.

There are many factors that can play into why there is such a gap in percentage, but you can bet that part of it is the difference in political views.

Misunderstood patent holders with rights fighting in East Texas

January 3rd, 2011

Misunderstood patent trollsIt’s one of your classic movie plots. Good guys fight bad guys, only to find out that bad guys are misunderstood, thus a compromise is made, fighting stops and now, no more enemies. So it would seem to be taking place in the federal court rooms of East Texas and other parts of the United States.

Could it be that the so called “patent trolls” that have been portrayed as abusers of our legal system for profit are, in reality, simply misunderstood patent holders with rights?

The rising unethical practice of purchasing unmanufactured patent rights in order to sue companies with manufactured products that have the possibility of infringing on the patent has made its enemies throughout the last number of years.

And as the practice is understood, it is justifiably so. But are these “trolls” really doing anything different than your average patent holder? The very creation of the concept of patent holding is to ensure the protection of intellectual property or ideas of invention.

When a patent holders “property” is being produced without their permission, they have the right to be compensated for the infringed use of their idea. This means that the accused patent trolls are practicing the same rights as any patent holder when they pursue anybody who has produced a product or service that infringes upon their patent.

So, technically they are under the same labeling as your average patent holder. Where they vary from the rest is in the area of morally or ethics of why they do it. The pure concept of the labeling a company a ”patent troll” is based on the aggressive pursuit and use of patents solely for litigation without any motivation to manufacture the product, which stunts innovation.

So, our beloved patent trolls not misunderstood, they are bad through and through.