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Find or Refer a Contractor in Tyler

Choosing an East Texas Court Forum

January 11th, 2011

court forum patent trollThe Discovery Channels popular program “Myth busters” pride themselves on discovering whether or not a presupposition is correct. Well, I have a myth that needs some busting.

Is the eastern court district of Texas the best forum for patent infringement cases? Patent litigation has become more than protecting your intellectual property rights, it has become a form of business for some.

There is a genre of companies who carry the “patent troll” label based on the unethical business of obtaining patents from other businesses or firms in order to use them to collect financial rewards in patent infringement lawsuits.

Whether it’s one of these “patent troll” cases or your normal run-of-the-mill case, the plaintiff has the right to choose what “forum” or court location the case is brought to.

And throughout the patent litigation world, East Texas has become the place to go. But the question is, are the reasons why myth or reality? It has been explained that the major factors for East Texas becoming the location of choice is due to rocket docket (fast processing of patent infringement cases) and percentage of plaintiff victories.

But the truth is, in a recent investigation of patent litigation cases throughout the United States, the eastern district of Texas does not even rank in the top 5 of either one of those categories.

When it comes to “rocket docket” East Texas ranks in the bottom half and in victory percentage for plaintiffs it ranks 7th place. So is East Texas the ideal forum for patent infringement lawsuits?

When it comes to technical ranking, no it is not the best. But, just like the aging star athlete, reputation and experience can matter more, and I think that is what still makes East Texas the most popular forum.

Patent Trolls Taking Advantage of the Legal System

November 12th, 2010

I'll Take Your Companies Money

Hand Over the Cash

Recently in the United States, there has been a huge surge in intellectual property rights cases as patent trolling becomes more and more popular. Some areas such as East Texas are well known for being a haven for these cases due to the fact that those judges and juries have a long history of awarding large monetary compensations to patent trolls when copyright infringement cases are brought against large companies. Still, no matter what part of the country you are in, there are many more copyright infringement cases brought forth by patent trolls looking to make a quick lump sum than those that are filed by inventors looking to protect their idea or product.

Tyler Texas Attorneys

The way that our legal system is set up allows for complete abuse by patent trolls, and it has proven quite lucrative. For one, United States patent law is arranged so that the patent holder doesn’t even have to produce the product in question to be able to sue for copyright infringement. Because of this, patent trolls can buy patents for cheap and simply use them to barter with big companies with no intention at all of ever using the patents to produce a product or other tangible object.

While there are many happy patent trolls out there, there are also plenty of people against the abuse of the legal system. There has been plenty of talk of the need for patent reform, but nothing has changed so far. For now, the playing field is wide open to patent trolls.

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 Property Law: Intellectual Property Rights

October 8th, 2010

Tyler Texas Patent Lawsuit

Patent Litigation

Just like anywhere else, East Texas property law is pretty straightforward. But what about property that isn’t an item like a car or jewelry. This is where intellectual property rights law comes into play. Things like inventions, works of writing, music, drawings, molds, and photographs are examples of what falls under the category of East Texas intellectual property rights law.

It is indeed tough to place a value on an intangible object such as an idea. If you are familiar with copyrights, then you are somewhat familiar with intellectual property rights law. Copyright law is actually a branch of intellectual property law, but it requires that the intellectual property be transferred into a tangible form in order for a copyright to be awarded. For example, a thought is made tangible when an author writes a book.

Obviously, this can lead to confusion and arguments in some cases that end up in our judicial system. In East Texas, property rights law suits are very popular and demand is increasing. Large settlements are common during intellectual property litigation, and there are many of these lawsuits filling up East Texas courtrooms. It’s like the attorneys new asbestos cancer gold mine.

In the United States District Court for the Eastern District of Texas, defendants often choose to cut their losses and settle rather than fight. This is due to the fact that this court is known to favor plaintiffs and for expertise in patent and intellectual property rights suits.

Companies and Intellectual Property Insurance

September 27th, 2010
Intellectual Law

Intellectual Law

Intellectual property insurance is pretty interesting and many who aren’t involved with a large Tyler Texas company have never heard of it. Basically, just as you insure your car or house in case of an accident, intellectual property insurance can insure a company both for getting sued for copyright infringement and going after someone suspected of stealing an idea from the company.

Sometimes, the second coverage (for going after an individual who stole your intellectual property) is a separate package and is called a pursuit policy. This is because it helps to pay the legal expenses it takes to pursue an alleged offender.

Intellectual property insurance can make the difference between the life or death of your Tyler business! If the threat exists that you could find yourself in an argument over intellectual property rights, then you should undoubtedly equip yourself with intellectual property rights insurance.

Even if you are the creator of a copyright, it can still be hard to hold onto it without intellectual property insurance. If you have to go to court to defend your patent and have no intellectual property insurance, you could very well spend all of your money just defending what is already yours.

An intellectual property insurance plan is very simple. If someone tries to steal your idea or accuses you of stealing theirs, the insurance will kick in and pay your legal fees for defending yourself.

If you need to shop around for local Tyler Texas intellectual property insurance carriers here is a good place to start: Insurance Companies in Tyler Texas