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Tyler Intellectual Property Insurance

November 12th, 2010

Intellectual Property

Intellectual Property Insurance

Intellectual property insurance coverage protects companies from copyright, trademark or patent infringement claims arising out of the company’s operation. It pays the defense costs and any judgment up to the policy limits. There are two types of intellectual property insurance coverage available. The first protects you if you are sued for infringement because it funds a legal defense. The second coverage is called a pursuit policy. It helps pay the legal expenses of suing an alleged infringer.

Tyler Texas Insurance

You need intellectual property insurance if the threat exists that you could be sued by a competitor for infringing on an idea or intellectual property belonging to someone else.

As long as you are not aware of any known infringements or violations, you can apply for insurance to protect your trademark or patent. In order to get coverage you will be required to prove that you have completed an intellectual property search, or have filed a registration for a trademark, service mark, copyright or patent.

Internet commerce is based on the ingenuity and development of new processes and applications. Many new companies compete to be the first to develop and sell new products and ideas. A competitor can financially wreck your company if you do not have the funds to hire an attorney and pay the cost of all the legal fees associated with defending your right to a patent or trademark. An intellectual property policy will pay the costs to defend you if someone tries to claim the rights to the same business model, process, or application.

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

VirnetX of Tyler TX wins $106 Million Dollar Lawsuit Against Microsoft

March 17th, 2010
Microsoft Patents

Microsoft

VirnetX has just won a $106 million patent infringement judgement against Microsoft. At issue? Virtual Private Networks.

A jury in the patent holder-friendly district of Tyler, Texas, has found Microsoft Corporation guilty of willful infringement on virtual private network (VPN) patents held by VirnetX, and ordered the company to pay $105.6 million in damages. Because the court found the infringement to be willful, the judge in the case could treble the damage award.

VirnetX brought the suit against Microsoft in 2007, and was originally seeking some $242 million in damages and an injunction against Microsoft’s continued use of the technology. The suit centered around two patents related to virtual private network (VPN) technology, that enables users to set up secure encrypted links between networks that are carried over an unsecure network—like the Internet—and be treated as if they were a member of a local secure-and-trusted network. The patents in question were originally developed by SAIC as part of work the company did for the Central Intelligence Agency; SAIC transferred the patents to VirnetX in 2006 in exchange for a share of royalties VirnetX generated from licensing the technology.

Microsoft is expected to appeal the ruling, and previously said that it believes that its VPN technology was developed independently does not infringe on VirnetX’s patents.

If the penalty holds, it’ll mark the second recent significant infringement loss for Microsoft: last year, jurors awarded some $290 million to i4i for Microsoft Office infringing on patents covering custom XML technology, and Microsoft has been forced to remove the technology from Microsoft Office while appealing the case. (So far, that isn’t going well.)