Federal Circuit Court not playin wit’ Eastern District Court regarding patent litigation, nuh uhh

by admin on November 19, 2010

in Attorneys


Note: We are not saying Patent Harbor LLC is a patent troll we are just pointing out that others have said online that they are and we were seeing if some of the claims like empty offices and so forth were true. As far as we know they are a good well meaning patent owning company who is simply defending themselves against dishonest companies that have infringed upon their patents. Maybe they take long lunch breaks and work late at night.

Going on now for about 10 years the Eastern District Court of Texas has been at home handling patent litigation cases and it seems finds themselves being best fit to handle these lawsuits.

The patent holding companies are many times  non practicing entities or, more bluntly, patent trolls, that have a larger chance of winning in this court than in other courts in the US.  Because of the statistical odds of a defendant losing a patent infringement court case in this court the first legal option of the accused is to move for a change of venue to an unbiased federal district court.

To talk of a power trip for a court or judge this would be one of those as a plaintiff stands to receieve over $100 million dollars every few months one of these lawsuits goes to court in the Eastern District Courts.

The defendants in these cases rush to get the lawsuit changed to another court due to the belief that the Eastern District Court in Marshall Texas, Judge T. John Ward presiding, is friendly towards the plaintiffs in these cases more times than not.

Patent Litigation Attorneys in East Texas

Now there is nothing wrong with suing a company for infringing upon your patent but when digging under the legal jargon what the laymen would like to know is what’s really going on? What’s all the fuss?

Well many although not all of these plaintiffs suing large companies like JVC, Apple, Microsoft, and others are buying up patents on the cheap and then finding large companies that have infringed upon these patents.

Once they have a big list of companies to sue sometimes only a few weeks before filing the lawsuit they will open up an office in Tyler Texas. Sometimes the office will be in Tyler Texas or Marshall where the Eastern District Court is located.

Although the office will have employees the employees are usually rarely there and it is obvious that the office many times nothing more than a, “recent, ephemeral, and an artifact of litigation appear[ing] to exist for no other purpose than to manipulate venue.”

This description would make sense as an office with no employees simply to get the trial in a court that will side with your lawsuit seems a bit suspicious although apparently legal. Recently however the Federal Circuit Court has started to dismiss these offices and the incorporations in Texas because of the obvious manipulation of court venue.

When a defendant in the past has attempted to move the court case out of the Eastern District Court the request has frequently been denied. These denials prompt a jolt of fear into the defendants game plan resulting in many cases being settled out of court because of the denial and the disadvantages to fighting it in the Eastern District Court.

The Federal Circuit court is now seeing an obvious gaming of the legal system in these patent cases as they quote, “a classic case where the plaintiff is attempting to game the system.” in reference to the In re Zimmer court case.

If these patent companies really are attempting to game the system and stand to make hundreds of millions of dollars why don’t they take it a step further and actually have employees in these offices? You would think they would want to go out of there way to establish more of a real presence in these offices?

Future court cases being tried in the Eastern District Court are more likely to grant a change of venue to defendants who often reside outside of Texas and where the plaintiffs are usually out of state as well although “gaming the system” as the Federal Circuit Court would say.

The district court’s denial that they are being disruptive to the principles set forth in the transfer law just to handle these high profile cases is unbelievable and glaringly obvious to the average citizen. What’s up over there in Marshall Texas?

These court cases cost these innovative US companies millions of dollars as well as harm consumers who must deal with rising costs associated with these products because of patent litigation insurance that must be taken out to insure themselves against the potential of a lawsuit.

Once the Eastern District stops fighting against the Federal Circuit Courts wishes East Texas may have another problem in store. These patent holding companies can sue local technology companies in Tyler Texas that have infringed on a patent in some broad general definition of infringement.

Since the defendant company is in East Texas already there is no need to game the system regarding venue as they can just sue any of us small time local companies here in Tyler and the surrounding East Texas community. That’s when this starts to effect us.

I imagine the judge in Marshall Texas wouldn’t be seen so kindly once it starts hurting local East Texans.

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