East Texas Intellectual Property Right Law

by admin on October 20, 2010

in Attorneys

When people talk about “property rights”, a common quote is “Possession is nine tenths of the law”. For example, little Johnny is playing in the dirt with a red dump truck. Charlie wants to play with the dump truck, so he tells the teacher that the dump truck belongs to him and he wants it back. The teacher replies, “Johnny brought that dump truck from home, and he’s playing with it. It’s his property, and it belongs to him.” Sounds pretty simple, doesn’t it?

 

Tyler Texas Attorneys

 

But what happens when the item at the center of a property dispute is not something you can put your hands on, but is a creation of the mind? Intellectual property, things like inventions, novels, plays, music, drawings, trademarks, sculptures, and photographs can have more value than say, a dump truck. This is where intellectual property right laws come into play. But how do you place value on something that is intangible?

From a legal standpoint, intellectual property is divided into two categories: industrial property and copyrights, and infringement suits involving intellectual property are popping up in unlikely places these days. Lawsuits that once filled dockets in California and New York are now commonplace in East Texas, an area that is becoming known as a haven these types of property right law suits.

In intellectual property litigation, the potential for large settlement payments is huge, particularly when a tough judge is presiding. That’s why in the United States District Court for the Eastern District of Texas, which is known for favoring plaintiffs and for expertise in patent and intellectual property right suits, defendants often choose to cut their losses and settle rather than fight.

{ 2 comments… read them below or add one }

G October 21, 2010 at 4:22 am

You need to check your homework. Statistics (you know actual real data from real cases) show that the EDTEX from a verdict standpoint is actually friendlier to defendants. It would be nice for once if someone quoted actual data as opposed to the garbage found on most of these corporate funded blogs whose aim is to stigmatize this district and patent litigation in general. Way to perpetuate the BS.

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admin October 21, 2010 at 6:45 pm

If you have patent troll case numbers tried in EDTEX that were friendly to defendants I would be happy to post them here as well as download or request them from the court to be available to view on this website. There is no information out there for your claims that I have found but if there are I would certainly post that evidence here.

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