Yes, politics do play a part. Well, at least when it comes to patent infringement cases, it seems that it has. An interesting report has gone out where it ranks court districts under certain categories in patent litigation.
The eastern court district of Texas has a strong reputation for being the forum of choice for patent infringement cases, yet surprisingly enough it does not rank first in any of the important categories.
The western district of Wisconsin ranks first when it comes how much time it takes to process a litigation cases with a little over six months, yet they are often overlooked as a forum for the infringement cases.
This has given them quite the chip-on-the-shoulder. So the question begs to be asked, what makes the eastern Texas district more appealing? There is a separation between these two states that is more than six Midwest states and that separation is political worldview.
It is safe to say that the majority of Texas leans conservative and the majority of Wisconsin leans liberal. Taking what we know about the two views, we know that conservative Texans are big on property rights, whether it’s physical or intellectual property.
Now, it’s not to say that the people of Wisconsin don’t feel the same, but when it comes to the whole issue of “what is mine, is mine” there ain’t no place like Texas.
And when it comes to plaintiffs picking there “forum” of choice, the one category that overrules them all is the amount of victories in a district. And where East Texas ranks 7th with a 40 percent win rate, Western Wisconsin ranks 28th with a 24 percent win rate.
There are many factors that can play into why there is such a gap in percentage, but you can bet that part of it is the difference in political views.
Will Texas Pass the Anti-Groping Bill?
June 20th, 2011House Bill 41 is waiting in the wings in Austin. The bill makes it illegal for any “public servant” to touch a citizen “inappropriately” regardless of whether or not the citizen is clothed. Nicknamed the anti-groping law, the bill is of course aimed at the federal Transportation Safety Administration’s manhandling of the traveling public in the nation’s airports. If the bill does in fact pass it will put the state on a collision course with the federal government, who insists it will not change its regulations. In the past, Federal attorneys have threatened to shut down any flights whose security could not be verified. What does this mean? If Texas disallows the TSA’s violation of its citizens we’ll not be able to fly from Texas airports to other parts of the country?
At this point the whole bill is up in the air (no pun intended), due to procedural considerations. While advocates are confident that they have the votes to pass the measure, it’s unclear whether Governor Perry will add it to the special session call. The public clamor for the bill seems to be growing as even Lieutenant Governor David Dewhurst is urging his superior to move it forward. Either way this could be a potential make or break for a Perry presidential run. Many potential voters could see his failure to add the bill as a lack of leadership, while other may object to his advancing the bill as radical, and disrespectful of federal authority. Personally I suspect that Texans of most political stripes would favor the legislation. The TSA is an enormously unpopular organization right now, and most citizens view it as power hungry and indignant toward the public’s objections. I suspect that Texas will not be the last State to consider such laws. Hopefully, if the dissent continues it will force the federal government to acknowledge what the rest of us already know; that current procedures are not protecting the public at all; they’re victimizing it further.
Tags: Advocates, Clamor, Collision Course, Dissent, Federal Attorneys, Federal Government, Federal Transportation, Governor Perry, Lieutenant Governor David Dewhurst, Objections, Political Stripes, Protecting The Public, Public Servant, Pun, Special Session, Texans, Texas Airports, Transportation Safety Administration, Tsa, Tyler Texas, Waiting In The Wings
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