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?
It’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”.