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Find or Refer a Contractor in Tyler

Small east Texas towns a stopping place for big time lawyer folk

May 5th, 2011

Who is that suited man? Flashing onto the scene, with head held high, coming to save the day. It’s a bird, it’s a plane, its Superman… er, I mean, a bunch of lawyers? Life in the small towns of Texarkana and Marshall has become increasingly different the past few years and the majority of the population knows nothing about it.

These two towns have become a stopping point for teams of lawyers and legal representatives of big businesses. Many of the local businesses have taken notice because of the increase in patronage but the rest of the inhabitants of these quaint little towns can only scratch their heads and shrug their shoulders in wonder.

Unbeknownst to them, their home town has become battleground for patent infringement litigation cases of the heavy weights of the business world. The likes of Texas Instrument Cisco and TiVo have come to town to settle their cases versus “patent trolls” trying to make a buck off of them.

The oddity of seeing their favorite local restaurants full of suit and ties, of fax machines and copiers being loaded off of trailers and of long-time empty buildings in downtown being renovated has stirred up some questions, but for the most part, normal life continues on.

With the likes of hundreds of millions of dollars hanging in the balance in their court house, John and Jane Doe’s main concern is if “Law & Order” will be a rerun.

The phenomenon taking place in Marshall and Texarkana is the likes of a good western movie. Riding out of the Texas town triumphant, as the dust settles the townspeople look to one another and ask “Who was that suited man?”

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.

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.

Step 1 Find Patent Step 2 Find Large Company, Step 3 Sue Large Company and Bank Big Time

December 26th, 2010
buy patent sue companyEast Texas has become a revolving door of fast money. Well, at least parts of it. In the past 5 years Marshall, Texarkana, and Tyler have become mighty popular spots for patent lawyers and the big money companies they represent. This is due mostly to favorable circumstances for plaintiffs of patent infringements in the court houses of these three East Texas towns.

Once word got out of a higher win rate for those making claim of patent infringement, companies began arriving to process their cases in these court districts. This is especially true for companies who carry the “patent troll” label. These are companies whose sole means of business is to bring suit versus companies whose product or service infringes on patents that the “trolls” have bought. Since 2006 over 200+ cases per year come to East Texas.

And with each case come a handful of lawyers and representatives who need shelter, food, and a place to work in. Anyone who knows about these 3 towns knows that these are no booming metropolis’ who are accustomed to this sudden influx of business. These are towns where the slightest increase of visitors can completely change the local economy.

The nature of the type of business these teams of lawyers bring deals more with the short term picture rather than long term. Providing lodging, establishments to eat, and office space has become the main focus. Already established motels and local restaurants have already benefitted and others are looking to cash in. Unfortunately, relying on these circumstances for your economic future is like building on sand, at any moment it can all crumble. East Texas, you have a target on your back.

This past March a bill for patent infringement reform was submitted by Senators. In this bill there was one element that theoretically said “East Texas, We’re coming for you!” That element was a little thing called “forum shopping”. The rapid growth of patent litigation cases taking place in places like Marshall, Texarkana, and Tyler the past few years has drawn some attention to the, usually, relaxed atmosphere of East Texas.

As some politicians have gotten themselves involved with slowing down the abuse that is taking place in patent infringement lawsuits by what they call “patent trolls” they have adopted a strategy that, inadvertently, has targeted the eastern part of Texas.

“Forum shopping” is when plaintiffs, or the one’s doing the suing, pick out a court district that is found to be favorable to their type of case. And it’s no secret that these 3 east Texas towns, especially Marshall, have a high percentage of deciding for plaintiffs of patent infringement cases as well as handing out large compensation.

As the law stands now, patent litigation can take place anywhere in the United States that the product or technology in question has been sold. So, when it comes to the big companies that are usually targeted for patent infringement suits, like Nintendo for example, the case can be held in any part of the States.

And, of course, these plaintiffs have chosen favorable court districts. It is no fault of the people of these towns that they have become known to decide for plaintiffs, they just do their duty and go home. But one thing is taking place for sure. East Texas, your being called out.