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Politics and patent infringement cases in East Texas, what is the connection?

September 21st, 2011

patent litigation law firms and politicsYes, politics do play a part. Well, at least when it comes to patent infringement cases, it seems that it has. An interesting report has gone out where it ranks court districts under certain categories in patent litigation.

The eastern court district of Texas has a strong reputation for being the forum of choice for patent infringement cases, yet surprisingly enough it does not rank first in any of the important categories.

The western district of Wisconsin ranks first when it comes how much time it takes to process a litigation cases with a little over six months, yet they are often overlooked as a forum for the infringement cases.

This has given them quite the chip-on-the-shoulder. So the question begs to be asked, what makes the eastern Texas district more appealing? There is a separation between these two states that is more than six Midwest states and that separation is political worldview.

It is safe to say that the majority of Texas leans conservative and the majority of Wisconsin leans liberal. Taking what we know about the two views, we know that conservative Texans are big on property rights, whether it’s physical or intellectual property.

Now, it’s not to say that the people of Wisconsin don’t feel the same, but when it comes to the whole issue of “what is mine, is mine” there ain’t no place like Texas.

And when it comes to plaintiffs picking there “forum” of choice, the one category that overrules them all is the amount of victories in a district. And where East Texas ranks 7th with a 40 percent win rate, Western Wisconsin ranks 28th with a 24 percent win rate.

There are many factors that can play into why there is such a gap in percentage, but you can bet that part of it is the difference in political views.

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?”

Jury Standard Exploited in East Texas for profit motive by patent litigants

January 14th, 2011

East TX JuryWho would have ever thought that doing your civic duty would have such grave consequences? What started out as the citizens of East Texas simply fulfilling an oath to judge justly without prejudice has escalated into a gold rush of litigation battles and unethical business behavior.

Unaware for many years, the townsfolk of Marshall, Texarkana, and Tyler have become known to the legal world as having a higher percentage of deciding for plaintiffs of patent infringement cases than most other court circuits across the nation.

This has been attributed to things such as an older age group in the jury and a stronger stand on property rights, that is “what is yours is yours”. Unfortunately, some people have seen this standard as a way to turn a profit.

Namely, these people are what they call “patent trolls”. Patent trolls are companies who purchase patents from struggling businesses or firms without any plans on manufacturing the invention or technology.

Their sole use of the patent is to target any businesses that have technology or a service that might infringe on the patent in order to file a lawsuit against them for infringement.

Of course, these “patent trolls” need a feeding ground to survive and they have found that in East Texas. And it seems they are “feeding” well. Since 2003 the number of patent litigation cases in these court houses has more than quadrupled.

They only other location outside of East Texas that has hosted close to that amount of cases is Los Angeles. It’s sad to see how an unselfish act like serving in a jury has resulted in the selfish pursuit of unearned wealth.

So, next time you receive a jury summons, let’s hope your act of civil service does more to serve than not.

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.

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.