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Don’t Ask Don’t Tell, are we in the closet about patent litigation abuse in East Texas?

December 24th, 2010

Patent Litigation East Texas“Don’t ask, don’t tell” has come back into our attention once again as a number of court decisions have President Barak Obama and his administration reconsidering the policy of any homosexual military man or woman keeping their sexual preference to themselves.

This policy is the ultimate case of “turning a blind eye” or looking the other way. Saving the debate of the policy to “Don’t ask, don’t tell” in the military for other blogs, we do want to visit East Texas’ own practice of the “Don’t ask, don’t tell”.

With tongue firmly stuck in cheek and shoulders shrugged in wonder, we can “say” that we don’t know why the number of patent infringement cases had grown from 14 in 2003 to 256 in 2006, but who are we really kidding? Can East Texas continue the “Don’t ask, don’t tell” approach towards the growing number of “patent trolls” paying a visit to its humble little court circuit?

This unethical practice of buying off patents for the sole purpose of suing other business over patent infringements has been quietly picking up steam the past 7 years and Marshall, Texarkana, and Tyler are their favorite dance partners.

What once started out as these “trolls” taking advantage of the rules and policies of the eastern Texas court circuits is now coming dangerously close to becoming a source of scandal. Isn’t it a little suspicious that one patent lawyer’s father is a judge who decides favorably for plaintiffs in infringement cases?

As is taking place nationally with our military perhaps it’s time for the “Don’t ask, don’t tell” policy to be reconsidered in East Texas before it’s too late.

Economic Terrorists being harbored in East Texas

December 21st, 2010

patent litigation terroristsSet the threat level at red, East Texas, because you are under attack. Knowingly or unknowingly, East Texas has been harboring, what we can call, “economic terrorists”.

The accurately named “Patent Trolls” have found an accommodating court circuit in the eastern district of Texas and now are laying siege to our American way of doing business. In the simplest of economic courses we have learned that to create wealth you must offer a product or service in demand.

The deviant strategy of the “patent troll” is to search and buy patents from bankrupt firms without any intention of manufacturing the invention. Then they target other businesses that use some simulant of the invention in order to sue them for patent infringements. This is the complete opposite of offering a service or product.

This is profiting off someone else’s service or product. One definition of terrorist is an individual who uses violence, terror, and intimidation to achieve a result. Well, I don’t know anything more terrifying than to see one man profit from another man’s work.

Or, I haven’t seen a greater intimidation tactic than how these “patent trolls” threaten with a $1million defense cost in order to encourage out of court settlements. And with these acts of terror we could see a real devastating blow to the American free market.

Just think about it, if these companies have to pay hundreds of thousands of dollars for settlements or litigation costs, who will suffer the most? The consumer! These companies will either hike up the cost of their products or service in order to pay said costs or they will lose desire altogether to continue producing their product or service.

So, what do you think? Is it about time to call Homeland Security?

Stop patent trolling, boycott Marshall!

December 21st, 2010

marshall texas patent attorneysStop patent trolling, boycott Marshall! That’s right, don’t go to see the Christmas lights or visit the Fire Ant festival this year. I mean, people like Sheryl Crowe do it right? Remember, she was the one to tell us how she only uses two squares of toilet paper per sit down in order to save the trees.

Or what about the freedom fry idea? Oh you remember, when France questioned our invasion of Iraq, we decided to boycott using “French” as a label for something. So, if we are to stop the unethical business performed by “patent trolls” we should boycott Marshall, because, well, they are the reason for it, right?

Well, before you cancel that yearly trip to check out the lights, let’s think about it a little more. The increase of patent infringement cases that has taken place in Marshall has been a little… disturbing, but the practice by patent trolls of utilizing bought patents to sue for patent infringement long before the good citizens of Marshall were found to be favorable to these types of cases.

The increase of cases in Marshall has taken place the past 5 to 6 years, the termology and practice of patent trolls can be traced back to 1993. No, to blame Marshall and the people that serve on the juries of these cases is like blaming the rich guy for having a nice car to be stolen.

Bad people do bad things because they are bad, not because they are tempted into it by ideal circumstances. So, sorry Cheryl, we will have to save the boycotting idea for something else.

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.