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Jury Standard Exploited in East Texas for profit motive by patent litigants

January 14th, 2011

East TX JuryWho would have ever thought that doing your civic duty would have such grave consequences? What started out as the citizens of East Texas simply fulfilling an oath to judge justly without prejudice has escalated into a gold rush of litigation battles and unethical business behavior.

Unaware for many years, the townsfolk of Marshall, Texarkana, and Tyler have become known to the legal world as having a higher percentage of deciding for plaintiffs of patent infringement cases than most other court circuits across the nation.

This has been attributed to things such as an older age group in the jury and a stronger stand on property rights, that is “what is yours is yours”. Unfortunately, some people have seen this standard as a way to turn a profit.

Namely, these people are what they call “patent trolls”. Patent trolls are companies who purchase patents from struggling businesses or firms without any plans on manufacturing the invention or technology.

Their sole use of the patent is to target any businesses that have technology or a service that might infringe on the patent in order to file a lawsuit against them for infringement.

Of course, these “patent trolls” need a feeding ground to survive and they have found that in East Texas. And it seems they are “feeding” well. Since 2003 the number of patent litigation cases in these court houses has more than quadrupled.

They only other location outside of East Texas that has hosted close to that amount of cases is Los Angeles. It’s sad to see how an unselfish act like serving in a jury has resulted in the selfish pursuit of unearned wealth.

So, next time you receive a jury summons, let’s hope your act of civil service does more to serve than not.

Patent Infringement Abuse Versus Innovation

December 25th, 2010

patent infringement east texas

East Texas Patent Attorneys

It’s as old as time. Good versus Evil, God versus all selfishness in man, North versus South, Batman versus Joker, and East Texas versus … innovation? It shouldn’t be limited to East Texas only; rather, it should be patent infringement abuse versus innovation.

But for the today, we should look at what East Texas’ possible part is in slowing do innovation. Although patent infringement cases themselves has only grown nationally a slight margin, the number of cases happening in the towns of Marshall, Texarkana, and Tyler has multiplied beyond belief.

And it is believed by some that there is an abuse of the legal system as companies are looking to profit off of patent infringement lawsuits, and this can stunt innovation and invention. This is especially true for what is being done by these so called “patent trolls”.

A “patent troll” is a company that looks to make its profit through gains earned through lawsuits versus other companies that has a product or technology that has infringed on their patent. The big catch, and what has attributed to slowing down innovation, is that many times these “patent trolls” look to buy patents off of others without any plan to manufacture the invention.

That in of itself is anti- productive, but what has further hindered the productivity is how these “trolls” as well as others have won an incredible amount of patent litigation cases. What does that have to do with innovation?

Well, either these companies have less money to invest in new technology or are hesitant to invest for fear of being targeted or even further, they don’t have the patent of an idea because one of these “patent trolls” holds it. And, unfortunately, East Texas has played it’s part based on a high rate of awarding cases to “patent trolls” and others.

Economic Terrorists being harbored in East Texas

December 21st, 2010

patent litigation terroristsSet the threat level at red, East Texas, because you are under attack. Knowingly or unknowingly, East Texas has been harboring, what we can call, “economic terrorists”.

The accurately named “Patent Trolls” have found an accommodating court circuit in the eastern district of Texas and now are laying siege to our American way of doing business. In the simplest of economic courses we have learned that to create wealth you must offer a product or service in demand.

The deviant strategy of the “patent troll” is to search and buy patents from bankrupt firms without any intention of manufacturing the invention. Then they target other businesses that use some simulant of the invention in order to sue them for patent infringements. This is the complete opposite of offering a service or product.

This is profiting off someone else’s service or product. One definition of terrorist is an individual who uses violence, terror, and intimidation to achieve a result. Well, I don’t know anything more terrifying than to see one man profit from another man’s work.

Or, I haven’t seen a greater intimidation tactic than how these “patent trolls” threaten with a $1million defense cost in order to encourage out of court settlements. And with these acts of terror we could see a real devastating blow to the American free market.

Just think about it, if these companies have to pay hundreds of thousands of dollars for settlements or litigation costs, who will suffer the most? The consumer! These companies will either hike up the cost of their products or service in order to pay said costs or they will lose desire altogether to continue producing their product or service.

So, what do you think? Is it about time to call Homeland Security?