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Find or Refer a Contractor in Tyler

Home of the best ever patent litigation judge this side of Pecos

January 3rd, 2011

John Ward Marshall TexasYou’ve seen the signs. It usually takes place as your entering into a county, small town, and even a few medium sized cities. Just as you drive up, you look to see what the highway sign says and there you see it, “Home of…” and thereafter follows the name of the local man or woman who has made some type of impact to bring recognition to their hometown.

I remember one of the most recent examples I’ve seen while passing through New Mexico. There it was, “Home of Brian Urlacher.” Of course, like any red blooded American I recognized the name of the Chicago Bears bone crushing linebacker.

When thinking about the type of recognition a couple of local boys are getting in the towns of Marshall, Texarkana, and Tyler I’m starting to wonder if their names deserve being put on a highway sign. I can see it now, “Home of T. John Ward Jr.” What, you don’t recognize the name?

Let me elaborate. For those who have not heard, there is a trend taking place in the court rooms of these 3 East Texas towns that has waves of lawyers and legal representatives from all parts of the United States flooding in, and they are getting beat out by the local guy.

This trend is the ever growing patent infringement litigation cases. Due to favorable decisions for plaintiffs of patent infringement cases, anyone looking to win their case makes sure it happens in East Texas.

And this includes patent trolls, those appropriately labeled businesses that only look to buy patents from other businesses in order to use them for these types of infringement cases. And when it comes to winning these cases, the local names are getting game. One key ingredient to winning cases in these counties is to have a local lawyer who knows the jury and what they want to hear.

With big names companies entering in these cases you would expect to hear big name lawyers, but rather, the names you hear are from the graduating class of ’72 of the local high school, and that’s something to hang your hat on.

Patent Litigation, forum shopping and the death of a town

January 1st, 2011
marshall texas forum shoppingChoosing the lesser of two evils always sounds good at the time. But when it comes time to be the one to choose, it’s a lot better said than done.And when it comes to the debate over patent reform, whatever decision might be made, somebody is going to suffer. So the question is, which is worse: the loss of job opportunities worldwide or the possible death of a town.

The two sides of patent form goes like this. If the different aspects of reform go through, the town of Marshall will lose pretty much all footing it has gained for being recognized as the ideal location for plaintiffs of patent infringement lawsuits.

The types of changes that would affect them include forum shopping, lower damage rewards, and tighter infringement standards. Considering that Marshall has become the patent litigation “Mecca” because of its favorable findings for and large pay outs, these law changes would leave them dead in the water.

The worst of the changes would be eliminating forum shopping. The large number of patent infringement cases that has come to Marshall is due to the plaintiffs in the case being able to choose its location, and any dummy knows that it is better to hold your case in a location with the highest percentage of plaintiffs wins in the nation.

If these laws pass, the economic revolution that Marshall has experienced will come to an end. The side of patent reform is how litigation has stunted innovation and thus, job creation.

Because of the amount of money and time being spent in court houses for patent infringement companies and firms are handcuffed to pursue other possibilities, thus, handcuffed to hire more people. So, you tell me, which is the lesser of two evils?

Kryptonite to defendants of patent infringement cases

December 29th, 2010

kryptonite for patent litigationI can see now: “Come to Marshall where you are sure to lose lots of money!” Of course it could read in reverse: “Come to Marshall where you are sure to win lots of money!” Then again, they could post both with one stating it’s for defendants and the other stating it’s for plaintiffs.

Silly as all that sounds, the truth is, Marshall Texas, has become the “kryptonite” to defendants of patent infringement cases. The percentage of plaintiffs who have won these types of cases in the court circuit of Marshall and other East Texas towns has set such a standard that big company defendants don’t even take the time to set foot in town.

The cost and process of having the case in Marshall becomes so much, as the companies are located in places like the Northeast and West Coast, which more often than not the companies settle out of court. They simply look to cut the cost and get it over with.

Unfortunately, it’s this manner of dealing with the cases that encourages “patent troll” types to invest heavily to get hold of patents simply to establish a legitimate case to accuse these companies of patent infringement, knowing that they will want to settle.

For a town known for its home-cooking-welcome-to-grandmas-home feel to it, it is quite surprising that the mere mentioning of its name brings fear to companies like, Cisco, Microsoft, and Time Warner. But the truth is, Marshall Texas has become a grave yard for defendants of patent litigation.

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.

Don’t Ask Don’t Tell, are we in the closet about patent litigation abuse in East Texas?

December 24th, 2010

Patent Litigation East Texas“Don’t ask, don’t tell” has come back into our attention once again as a number of court decisions have President Barak Obama and his administration reconsidering the policy of any homosexual military man or woman keeping their sexual preference to themselves.

This policy is the ultimate case of “turning a blind eye” or looking the other way. Saving the debate of the policy to “Don’t ask, don’t tell” in the military for other blogs, we do want to visit East Texas’ own practice of the “Don’t ask, don’t tell”.

With tongue firmly stuck in cheek and shoulders shrugged in wonder, we can “say” that we don’t know why the number of patent infringement cases had grown from 14 in 2003 to 256 in 2006, but who are we really kidding? Can East Texas continue the “Don’t ask, don’t tell” approach towards the growing number of “patent trolls” paying a visit to its humble little court circuit?

This unethical practice of buying off patents for the sole purpose of suing other business over patent infringements has been quietly picking up steam the past 7 years and Marshall, Texarkana, and Tyler are their favorite dance partners.

What once started out as these “trolls” taking advantage of the rules and policies of the eastern Texas court circuits is now coming dangerously close to becoming a source of scandal. Isn’t it a little suspicious that one patent lawyer’s father is a judge who decides favorably for plaintiffs in infringement cases?

As is taking place nationally with our military perhaps it’s time for the “Don’t ask, don’t tell” policy to be reconsidered in East Texas before it’s too late.