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The right to intellectual property and the quagmire of patent trolling in East Texas

March 2nd, 2011

george washington carverThe history of patents in the USA is synominis with names like Thomas Edison, George Washington Carver, Albert Einstein, and Bill Gates. Because with each invention and innovation that was thought up of, there was the need for a patent.

Among the many things that factored into becoming the great nation we are is innovation. We have throughout our history found a way to keep speeding ahead with new technology that bettered the lives of Americans and others across the globe.

And in this modern age we continue to look for that “next step” that would continue to elevate us to the next level. Yet, there is one, minor, practice that has both the potential to hinder innovation and leave a scar in our history.

The term, “patent troll” refers to a company that buys and uses patents for the sole purpose of bringing other businesses to court for patent infringement. Besides the unethical method of “business” they are using to gain wealth, is that this type of practice hinders innovation.

The institution of patents and licensing in our nation follows some of our basic principles and beliefs that each man has a right to his property. We can think of patents as the holding of one’s “intellectual” property.

And with a patent an individual has the freedom to pursue their invention with the peace of knowing that it is protected from theft. But, what’s more, is that this encourages the creation of technology. What we find with these patent trolls is an abuse of the system.

As they utilize they protection of held patents to earn royalties and compensation, they sit back with their profit without any purpose or plan to follow through to create or build their invention. That’s right, not only do they not make the patent into a realization, but they punish other businesses that have.

When we observe the things that have come out of the excellence of work of some men in history, it is so sad to see what some individuals are doing to hinder that from going on.

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 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.