Tyler TX Facebook

Follow Donny on Twitter

Username:
Password:
  Remember Me   Forgot password?  Register
0-9  A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z  

Find or Refer a Contractor in Tyler

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.

Patent Trolls Taking Advantage of the Legal System

November 12th, 2010

I'll Take Your Companies Money

Hand Over the Cash

Recently in the United States, there has been a huge surge in intellectual property rights cases as patent trolling becomes more and more popular. Some areas such as East Texas are well known for being a haven for these cases due to the fact that those judges and juries have a long history of awarding large monetary compensations to patent trolls when copyright infringement cases are brought against large companies. Still, no matter what part of the country you are in, there are many more copyright infringement cases brought forth by patent trolls looking to make a quick lump sum than those that are filed by inventors looking to protect their idea or product.

Tyler Texas Attorneys

The way that our legal system is set up allows for complete abuse by patent trolls, and it has proven quite lucrative. For one, United States patent law is arranged so that the patent holder doesn’t even have to produce the product in question to be able to sue for copyright infringement. Because of this, patent trolls can buy patents for cheap and simply use them to barter with big companies with no intention at all of ever using the patents to produce a product or other tangible object.

While there are many happy patent trolls out there, there are also plenty of people against the abuse of the legal system. There has been plenty of talk of the need for patent reform, but nothing has changed so far. For now, the playing field is wide open to patent trolls.

VirnetX of Tyler TX wins $106 Million Dollar Lawsuit Against Microsoft

March 17th, 2010
Microsoft Patents

Microsoft

VirnetX has just won a $106 million patent infringement judgement against Microsoft. At issue? Virtual Private Networks.

A jury in the patent holder-friendly district of Tyler, Texas, has found Microsoft Corporation guilty of willful infringement on virtual private network (VPN) patents held by VirnetX, and ordered the company to pay $105.6 million in damages. Because the court found the infringement to be willful, the judge in the case could treble the damage award.

VirnetX brought the suit against Microsoft in 2007, and was originally seeking some $242 million in damages and an injunction against Microsoft’s continued use of the technology. The suit centered around two patents related to virtual private network (VPN) technology, that enables users to set up secure encrypted links between networks that are carried over an unsecure network—like the Internet—and be treated as if they were a member of a local secure-and-trusted network. The patents in question were originally developed by SAIC as part of work the company did for the Central Intelligence Agency; SAIC transferred the patents to VirnetX in 2006 in exchange for a share of royalties VirnetX generated from licensing the technology.

Microsoft is expected to appeal the ruling, and previously said that it believes that its VPN technology was developed independently does not infringe on VirnetX’s patents.

If the penalty holds, it’ll mark the second recent significant infringement loss for Microsoft: last year, jurors awarded some $290 million to i4i for Microsoft Office infringing on patents covering custom XML technology, and Microsoft has been forced to remove the technology from Microsoft Office while appealing the case. (So far, that isn’t going well.)