February 8th, 2011
When it comes to our modern day society, almost, everything is about speed. We have created a way to do all things in our life faster. We are what you can call an “instant” culture, we want everything instantly.
From communication, to appliances, to services, to health, to economy, it is all about happening the fastest way possible. Well, now we can include patent litigation. A buzz word you might have heard being used in the legal world is the word “rocket docket”.
When you’ve put an over-night mail label on a court case than you have what they call a “rocket docket”. And when it comes to patent infringement lawsuit that is what the plaintiff is looking for.
This is especially true for the so named “patent trolls” whose whole lively hood is based on patent infringement lawsuits coming from their unmanufactured patents. It seems there is a competition to see who can create the best “rocket docket” in the nation.
At court houses in places like western Wisconsin, Virginia, and east Texas, judges have taken on different practices in order to speed up the litigation process. In one location the judges start as early as 6:30am and can wait as long as 2:30pm before they let court out for lunch.
In another, the judge issues a time limit for council to share, going as far as having a chess clock available to abruptly stop the council when time is up.
Whatever method it might be these court districts have successfully found a way to speed up the process as patent infringement cases have been shortened in some places to as little as 6 ½ months compared to the nationally average of 3-5 years. Well, it looks like the “instant” culture has made its stamp once again.
Tags: Buzz Word, Chess Clock, Court Case, Court Houses, East Texas, east texas court rocket docket, Judge Issues, Litigation Process, Lively Hood, Mail Label, Night Mail, Patent Infringement Cases, Patent Infringement Lawsuit, Patent Infringement Lawsuits, Patent Litigation, Plaintiff, Rocket Docket, Texas Judges, Time Limit, Trolls, Western Wisconsin, what does rocket docket mean
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January 11th, 2011
The Discovery Channels popular program “Myth busters” pride themselves on discovering whether or not a presupposition is correct. Well, I have a myth that needs some busting.
Is the eastern court district of Texas the best forum for patent infringement cases? Patent litigation has become more than protecting your intellectual property rights, it has become a form of business for some.
There is a genre of companies who carry the “patent troll” label based on the unethical business of obtaining patents from other businesses or firms in order to use them to collect financial rewards in patent infringement lawsuits.
Whether it’s one of these “patent troll” cases or your normal run-of-the-mill case, the plaintiff has the right to choose what “forum” or court location the case is brought to.
And throughout the patent litigation world, East Texas has become the place to go. But the question is, are the reasons why myth or reality? It has been explained that the major factors for East Texas becoming the location of choice is due to rocket docket (fast processing of patent infringement cases) and percentage of plaintiff victories.
But the truth is, in a recent investigation of patent litigation cases throughout the United States, the eastern district of Texas does not even rank in the top 5 of either one of those categories.
When it comes to “rocket docket” East Texas ranks in the bottom half and in victory percentage for plaintiffs it ranks 7th place. So is East Texas the ideal forum for patent infringement lawsuits?
When it comes to technical ranking, no it is not the best. But, just like the aging star athlete, reputation and experience can matter more, and I think that is what still makes East Texas the most popular forum.
Tags: Court Location, Discovery Channels, East Texas, Eastern District Of Texas, Financial Rewards, Intellectual Property Rights, is patent trolling wrong, Litigation Cases, Myth Busters, Obtaining Patents, Patent Infringement Cases, Patent Infringement Lawsuits, Patent Litigation, patent troll label, Plaintiff, Plaintiffs, Presupposition, Reputation, Rocket Docket, Star Athlete, Texas Ranks, Unethical Business, what is a patent troll
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January 1st, 2011
Choosing 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?
Tags: Amount Of Money, Court Houses, Dead In The Water, Dummy, Economic Revolution, Favorable Findings, Footing, Job Creation, Job Opportunities, Law Changes, Lesser Of Two, Lesser Of Two Evils, Marshall Texas, masthall texas patent litigaton, Mecca, Patent Form, Patent Infringement Cases, Patent Infringement Lawsuits, Patent Litigation, Patent Reform, Plaintiffs, Town Of Marshall
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December 27th, 2010
If things continue the way they are, we will see if Marshall has Texas sized hospitality. If you didn’t know it, the eastern court district of Texas has become a revolving door of patent litigation cases. In the world of patent infringement lawsuits, Marshall, Texarkana, and Tyler have become a “fans” favorite for patent trolls and others embarking to defend their intellectual property.
And with that bit of fame, the citizens of East Texas have been cashing in on the business that comes as a result. But the sweet taste of fame can have a bad after taste. There have been some talks of reform coming to patent litigation and one of those elements of reform is the stricter standard of where a patent infringement case can be filed.
If this reform comes to past, there are two scenarios that could happen. Number one: that everybody packs up and heads out to their separate parts of the world thus leaving these towns of East Texas ghost towns.
Number two: these companies, especially those that fall under the “patent troll” label, can make permanent “fronts” in the eastern part of Texas in order to establish legitimate reason to file suit there. The first possibility would bring drastic change to the local economy of these towns based on loss of the regular business of lawyers and legal representatives.
The second possibility could actually bring more business, yet would make this beloved East Texas homesteads a place of falsehood and deception. And for those who know what the people of East Texas well, that doesn’t hold over so well.
Tags: Business Lawyers, Drastic Change, East Texas, Falsehood, Fame, Hospitality, Legal Representatives, Legitimate Reason, Litigation Cases, Marshall Texas, Patent Infringement Case, Patent Infringement Lawsuits, Patent Litigation, Scenarios, Sweet Taste, Texarkana, Texas Ghost Towns, Texas Homesteads, Trolls, World Patent
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December 25th, 2010
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.
Tags: Batman, Batman Joker, Belief, East Texas, Evil God, Innovation or patent infringement abuse, Invention, Litigation Cases, New Technology, North Versus South, Patent Attorneys, patent attorneys east tx, Patent Idea, Patent Infringement Cases, Patent Infringement Lawsuits, Patent Litigation, Patents, Selfishness In Man, Texarkana, Texas Attorneys, Troll, Trolls
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