Tyler TX Facebook

Follow Donny on Twitter

Username:
Password:
  Remember Me   Forgot password?  Register
0-9  A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z  

Find or Refer a Contractor in Tyler

Economic Terrorists being harbored in East Texas

December 21st, 2010

patent litigation terroristsSet the threat level at red, East Texas, because you are under attack. Knowingly or unknowingly, East Texas has been harboring, what we can call, “economic terrorists”.

The accurately named “Patent Trolls” have found an accommodating court circuit in the eastern district of Texas and now are laying siege to our American way of doing business. In the simplest of economic courses we have learned that to create wealth you must offer a product or service in demand.

The deviant strategy of the “patent troll” is to search and buy patents from bankrupt firms without any intention of manufacturing the invention. Then they target other businesses that use some simulant of the invention in order to sue them for patent infringements. This is the complete opposite of offering a service or product.

This is profiting off someone else’s service or product. One definition of terrorist is an individual who uses violence, terror, and intimidation to achieve a result. Well, I don’t know anything more terrifying than to see one man profit from another man’s work.

Or, I haven’t seen a greater intimidation tactic than how these “patent trolls” threaten with a $1million defense cost in order to encourage out of court settlements. And with these acts of terror we could see a real devastating blow to the American free market.

Just think about it, if these companies have to pay hundreds of thousands of dollars for settlements or litigation costs, who will suffer the most? The consumer! These companies will either hike up the cost of their products or service in order to pay said costs or they will lose desire altogether to continue producing their product or service.

So, what do you think? Is it about time to call Homeland Security?

Patent Troll Basics

November 2nd, 2010

If you’ve heard the term patent troll but are not sure what it means, then you’re in the right place. A patent troll, sometimes called a patent pirate, is a company or other entity, sometimes an individual that uses patent law to enforce patents against potential offenders in exchange for a payout. This practice is questionable, but current patent law allows it.

Click here to contact a patent law attorney

Patent trolls have no interest in using the patents they obtain for anything except as bartering power with large companies. Sometimes patent trolls purchase patents from companies that are willing to sell due to the fact that they never made what they had patented. In other cases, patents are bought in bulk quantities from companies going out of business or bankrupt.

The reason patent trolling is so lucrative, especially in hotspots like Tyler, Texas, is because it is very common for the patent troll that holds the patent to win in a lawsuit, which can sometimes mean payouts of millions of dollars with very little work being done by the patent troll.

Obviously, patent trolling is of questionable ethics but that only matters so much. The real problem is that current patent law allows patent holders to go after other entities even if they haven’t acted on their patent. Being the owner of the patent, even if you never used it, puts you in a position to barter with large companies with the threat of taking them to court for patent infringement. No company wants to deal with a patent infringement case and many cannot afford it period. Thus, patent trolls usually are able to “bully” the companies into paying an outside of court settlement.

Click here to contact a patent law attorney

East Texas Intellectual Property Rights Law

October 26th, 2010
Patent Harbor LLC

Patent Harbor LLC

Today I was at the Regions Bank building in downtown Tyler to see a lawyer. I didn’t quite stop all the way at a stop sign and there was a police man watching the whole thing. I received a ticket for not stopping completely at a stop sign and so I bit the bullet and took my traffic citation and told the police officer “thank you for serving”.

Although I hated getting a ticket for what I would consider a technicality they risk their lives every day and perform a very necessary service people like me just aren’t cut out for. So I thanked the police officer which I believe everyone should do.

Click here to contact a patent law attorney

I drove on after signing that I may appear in court for my traffic citation and drove up to the Regions Bank building in downtown Tyler Texas. I road the elevator up to the 8th floor to speak with an attorney that handles traffic tickets. While up there I noticed a locked office door with a sign that read “Patent Harbor LLC”.

I spoke to a woman on this same floor who says that hardly ever is someone there. She said they rent the office but no one is ever there except on rare occasions. When people do show up it is a big throng of people and has the feel of a Hollywood movie.

I mentioned the catch phrase, “patent troll” and she had no idea what this was or what these companies do. She was completely in the dark about “patent trolls” as her law firm did not handle cases like this. She said there were several other empty rented offices like this in the Regions Bank building and she has heard they are similar type of businesses.

Regions Bank Tyler TX

Regions Bank Patent Troll Building

I looked into Patent Harbor LLC a little further by doing a Google search and they are suing quite a few big name companies over patent infringement. Many would say this is another case of patent troll litigation where a company buys patents not ever intending to make anything from the patents but to generate revenue by suing large established companies with millions of dollars. I however do not know all the facts in this specific case and will remain opinion-less on who the guilty party is. If you happen to know if Patent Harbor is or is not a patent troll please feel free to comment below.

Only a few short weeks ago Apple lost a patent infringement lawsuit against an alleged patent troll and was ordered to pay over $600 million dollars in the lawsuit.

Click here to contact a patent law attorney

The reason you will see empty locked offices in Tyler Texas rented by out of town patent holding companies who setup business in Tyler is based on the theory that the Texas Eastern District Court
often sides with the plaintiff in these cases in a jury trial setting.

Some say the judges are corrupt and others say the juries in East Texas simply do not understand the complexity of these cases which is why large companies like Apple have to pay millions of dollars to what some call “Patent Trolls”.

Whether Patent Harbor LLC is a patent troll or not is not for me to determine as I do not know the facts of this case in great detail. I do find it curious how many lawsuits regarding patent infringement are purposefully tried in Tyler and East Texas.

More on Patent Harbor LLC

RFC Case Number: P-P10-361A
Court Case Number: 6:10-cv-00361-LED
File Date: Wednesday, July 21, 2010
Plaintiff: Patent Harbor, LLC

Plaintiff Counsel: Keith A. Rutherford, John C. Cain, Scott Reese of Wong Cabello Lutsch Rutherford & Brucculeri LLP
T. John Ward Jr. of Ward & Smith Law Firm

Defendant: Audiovox Corporation
Radioshack Corporation
Vizio, Inc.
Klipsch, LLC
Klipsch Group
GPX, Inc.
DPI, Inc.
Sherwood America Incorporated
Imation Corporation
Sharp Electronics Corporation
Haier America Trading LLC
Best Buy Co., Inc.
Denon Electronics (USA), LLC
Harmon International Industries, Inc.
Initial Technology, Inc.
JVC Americas Corporation
Onkyo USA Corporation
Panasonic Corporation of North America
Philips Electronics North America Corporation
Pioneer Electronics (USA) Inc.
Samsung Electronics America, Inc.
Samsung C&T America, Inc.
Toshiba America, Inc.
Toshiba America Consumer Products LLC.,
Venturer Electronics, Inc.
Yamaha Corporation of America
Yamaha Electronics Corproation, USA

Cause: 35:271 Patent Infringement
Court: Texas Eastern District Court
Judge: Judge Leonard Davis

Why Exactly You Should Be Concerned About Patent Infringement

The word “intellectual” gives a pretty good clue as to what intellectual property rights law covers: ideas. More importantly, East Texas intellectual property rights law covers original ideas. Obviously, intellectual property law covers a very broad spectrum. Anything from books to machines to company logos falls under intellectual property law.

Intellectual property rights law plays quite a role in East Texas. Because intellectual property law protects creators with original ideas from others trying to benefit from their work, it encourages individuals to come up with new products and ideas. Within intellectual property rights law, there are three main subcategories. These include copyrights, patents, and trademarks. While all of these are pretty similar, they have their differences as well. Copyright law usually protects expressive artwork. It gives owners of the copyright exclusive rights to reproduce, display, or perform the work and punishes those who infringe by law. Patent law protects inventions and gives the creator exclusive rights, but only for a limited amount of time. After the time period is up, anyone can reproduce or copy the work. Last, trademark law deals with the logos, names, and identifying marks of products and companies.

Click here to contact a patent law attorney

East Texas intellectual property rights law is very strict when it comes to violations. It is very important to hire a lawyer specializing in intellectual property rights law if you are forced to go to court for infringement or to pursue an infringement against you.

East Texas and Patent Trolling

September 27th, 2010

 

East Texas Patent Troll

East Texas Patent Troll

Over the last few years, East Texas has become one of the most popular spots in the country for patent trolls and others seeking an almost sure win for a patent or copyright infringement case. The district court in East Texas is pretty well known for siding with plaintiffs in patent cases. Traditionally, patent trolls hire specialized patent lawyers to fight their battles for them and to seek out companies or other entities that hold patents they could buy and capitalize on.

So, what do patent trolls do? These companies that are called patent trolls buy up patents from other companies and then hire lawyers to prove infringement. In some cases, lawyers have simply become patent trolls individually thanks to the almost guaranteed or not-so-guaranteed depending on how you look at it payout, especially if you wind up in an East Texas court room. These companies could care less about the patents themselves or the products that could be made from them. Instead, they are simply after the money that they stand to earn by settling a lawsuit out of court.

With such a lenient court system or maybe not when looking further into it, iis it a surprise that Tyler and East Texas houses plenty of patent trolls and has for the last decade or so. Sadly, the companies that have to defend themselves from patent trolls stand to lose the most during a court case. For this reason, these companies instead settle outside of court with the patent troll. In many cases, this was all the patent troll wanted.

If you need to shop for a good patent troll attorney in Tyler Texas this is a good place to start: Tyler Texas Patent Law Attorneys