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The right to intellectual property and the quagmire of patent trolling in East Texas

March 2nd, 2011

george washington carverThe history of patents in the USA is synominis with names like Thomas Edison, George Washington Carver, Albert Einstein, and Bill Gates. Because with each invention and innovation that was thought up of, there was the need for a patent.

Among the many things that factored into becoming the great nation we are is innovation. We have throughout our history found a way to keep speeding ahead with new technology that bettered the lives of Americans and others across the globe.

And in this modern age we continue to look for that “next step” that would continue to elevate us to the next level. Yet, there is one, minor, practice that has both the potential to hinder innovation and leave a scar in our history.

The term, “patent troll” refers to a company that buys and uses patents for the sole purpose of bringing other businesses to court for patent infringement. Besides the unethical method of “business” they are using to gain wealth, is that this type of practice hinders innovation.

The institution of patents and licensing in our nation follows some of our basic principles and beliefs that each man has a right to his property. We can think of patents as the holding of one’s “intellectual” property.

And with a patent an individual has the freedom to pursue their invention with the peace of knowing that it is protected from theft. But, what’s more, is that this encourages the creation of technology. What we find with these patent trolls is an abuse of the system.

As they utilize they protection of held patents to earn royalties and compensation, they sit back with their profit without any purpose or plan to follow through to create or build their invention. That’s right, not only do they not make the patent into a realization, but they punish other businesses that have.

When we observe the things that have come out of the excellence of work of some men in history, it is so sad to see what some individuals are doing to hinder that from going on.

2011 Award for most dishonest form of business goes to

January 9th, 2011

Dishonest patent litigation awardIn light of hearing the recent news that the website, WikiLeaks, has gathered confidential communications between the State Department and its many liaisons and plans on publishing it worldwide I have thought of a new yearly award we can hand out.

Well, between WikiLeaks and the unholy business of “patent trolls” buying off patents in order to use them solely as grounds for suing prospering business for patent infringement, I have gotten an idea! Let’s create an award identifying this years “Most dishonest form of business”.

Now I am sure we can sit here and think about many other candidates, but let’s get focused on pitching these two. First is WikiLeaks. Here is a business in which it’s sole purpose is to steal, bribe, cheat, and perhaps threaten life, to gather confidential, top secret type of information from national governments with the dastardly motivation to publish the info on the internet for all to see.

Doing this, of course, with the possibility of endangering military lives, or creating astronomical damage between nations, just for a profit. Then there are these “patent trolls” who represent the exact opposite of productive American business.

They, first, seek out struggling businesses, firms, or individuals who have no other choice but to sell their patent for whatever invention or product idea they have. Then, without any intention of ever manufacturing the patent idea, these “trolls” seek out successful businesses who have utilized some concept of their patented idea in order to sue them for patent infringements.

They are quite literally making money out of nothing. Looks like we have a couple of quality candidates for the award, right? Well then, drum roll please! And the winner is…

Consumer Prices and Patent Trolls in East Texas

December 25th, 2010
East Texas patent lawyersWe all know about the possibility of finding coal in our stockings due to being on the “bad list” and we have all heard of the Grinch and his devious plan to rob Christmas and even a few of us have had an Ebenezer Scrooge as a boss but this year’s Christmas culprit could come in the form of a “troll”.

Even though there was a slight increase in people spending during this past Black Friday holiday (doesn’t it seem like its receiving more and more attention every year?) the increase was minute and does not make up for the lack of spending that has taken place the past few years.

This lack of spending is due to our struggling economy, but piggy-backing on the economies broken back are unnecessary hikes in product prices forced upon businesses by “patent trolls”.

Patent trolls are, simply, companies who look to buy patents off from bankrupt or struggling businesses or firms for the sole purpose of targeting bigger and more successful businesses that have a product or service that has infringed upon their patent in order to bring a lawsuit against them.

Many times the businesses with the infringement will settle for hundreds of thousands of dollars in order to avoid a lengthy and costly court process. Now, what does this have to do with our Christmas shopping?

Well, once these businesses have paid off their patent litigation, they will have to increase the cost of their product and service so that us the consumers can make up for the loss. This is similar to what is taking place in the medical field, hospitals and doctors are required to charge much higher based upon any litigation or future litigation that is brought against them.

So when it comes this Christmas season make sure to give a big “Merry Christmas” to your local patent troll!

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.