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Patent Trolls come home to East Texas for Christmas pay day

December 22nd, 2010

Christmas Patent TrollYou have probably heard of the Big 3 of Lebron James, Dwyane Wade, and Chris Bosh and of the impact they made in the NBA this past off season when the three made the decision to join forces on the Miami Heat. Of course most of that impact has been made in the hype more than the product on the court. That is, so far.

But there is another Big 3 who are making an impact on the court as well, just not the basketball type. Much a-do has been said about the trend of patent infringement litigation taking place in East Texas and the appropriately named “patent trolls” who are responsible for the substantial growth of these cases. But the beginning of this trend was due, in part, to three men: Judge T. John Ward of Marshall, Judge Leonard Davis of Tyler, and Judge David Folsom of Texarkana.

These three men have made an impact due to the consistency in which plaintiffs of patent infringements win their cases in their courts. Now, there is no way we can say if these findings are not legitimate, but what we can say is that the perceived favoritism towards these plaintiffs has opened up a can of worms. Like sharks smelling blood in the water, these patent trolls came running for the opportunity to cash in on their strategy of using bought off patents to try and snag other businesses in patent infringements.

And it looks like they have found a home, especially when you consider that in a stretch of 3 years the number of patent infringement cases multiplied almost 20 times! Just like the Miami Heat are finding out about their “Big 3” East Texas is learning that too much of a good thing isn’t always so good.

Stop patent trolling, boycott Marshall!

December 21st, 2010

marshall texas patent attorneysStop patent trolling, boycott Marshall! That’s right, don’t go to see the Christmas lights or visit the Fire Ant festival this year. I mean, people like Sheryl Crowe do it right? Remember, she was the one to tell us how she only uses two squares of toilet paper per sit down in order to save the trees.

Or what about the freedom fry idea? Oh you remember, when France questioned our invasion of Iraq, we decided to boycott using “French” as a label for something. So, if we are to stop the unethical business performed by “patent trolls” we should boycott Marshall, because, well, they are the reason for it, right?

Well, before you cancel that yearly trip to check out the lights, let’s think about it a little more. The increase of patent infringement cases that has taken place in Marshall has been a little… disturbing, but the practice by patent trolls of utilizing bought patents to sue for patent infringement long before the good citizens of Marshall were found to be favorable to these types of cases.

The increase of cases in Marshall has taken place the past 5 to 6 years, the termology and practice of patent trolls can be traced back to 1993. No, to blame Marshall and the people that serve on the juries of these cases is like blaming the rich guy for having a nice car to be stolen.

Bad people do bad things because they are bad, not because they are tempted into it by ideal circumstances. So, sorry Cheryl, we will have to save the boycotting idea for something else.

Rocket Docket Court for patent litigation in Marshall Texas

December 21st, 2010

marshall texas attorneysIt’s like they say, “one bad apple can ruin the whole barrel”. This past decade has seen an increasing rise in the number of patent litigation cases taken place, which in turn has produced such things as “rocket docket” court districts like in Marshall, Texas, a call for patent reform, and the unethical business of “patent trolls”.

Patent trolls are the bad apple of patent litigation and, you would think, the potential source of ruining the current patent system. It is kind of like what is taking place with air travel and airport security this holiday season. Recently we have heard or seen protests like, “don’t touch my junk” and of scantily clad individuals entering airport security.

This has been brought on to question TSA’s methods for identifying potential terrorist threats. And due to the undesired methods of full body scans and detailed “pat downs” many are questioning whether or not to travel by air for the holidays.

And all of this is because of what a few, bad men have done through their acts of terrorism. So, the questions is, has the actions of patent trolls hurt legitimate patent litigation cases? The main damage that could be done by the “patent troll” type of cases is the possibility of the jury being swayed by the motivation of the patent troll for the lawsuit.

But, considering that their responsibility is simply to gauge whether or not the patent has been infringed, this ultimately should not affect patent infringement cases. And if the number of cases is any indication, then we can say that it has not hindered. With only a few “slow” times the past 2-3 years, patent lawsuits have continuously been on the rise. So have patent trolls hurt legitimate cases? The answer: No. I guess these apples are so bad after all?

East Texas, a hotbed for patent infringement litigation

November 24th, 2010

Patent Infringement Attorneys East TXThroughout the last decade or so, the number of cases dealing with patent infringement has skyrocketed in East Texas. Many have come to ask why East Texas has experienced such a surge of patent infringement litigation. There are a few different factors that come into play here. The East Texas District Court has great judicial expertise on the subject, the courts are known for being plantiff-friendly, and most importantly, jurors that are usually predisposed to awarding the plaintiff with a large sum of money almost every time.

East Texas Patent Attorneys

For the reasons mentioned above, the East Texas area has become a haven for patent trolls and it has been called a renegade jurisdiction. In fact, the town of Marshall, Texas experienced a huge economic boom when it quickly became a hot spot for patent infringement litigation and it’s likely that very few people there are complaining about it!

From time to time you may see what appears to be a Hollywood movie scene as a big throng of high power patent attorneys in Armani suits makes their way down the city streets for court lunch break.

These patent litigation attorneys may have slicked back hair, a rolex on and a hot legal secretary mistress but make no mistake this is real life stuff and these guys make millions of dollars each year right here in our backyard in Marshall Texas. Maybe one of these patent lawyers will continue on as did John Edwards and go from attorney to politician.

One of the key factors in the popularity of East Texas patent infringement cases is the fact that there are a lot of professionals in the area who are familiar with patent law combined with the friendly courts towards patent plaintiffs. Like almost any type of litigation, it is very challenging to try a patent infringement case. It is very complex even from a legal standpoint and the work it takes to secure a patent is almost impossible for an average Joe to do. Thus, patent infringement lawyers are in high demand in the East Texas area!