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Find or Refer a Contractor in Tyler

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?”

East Texas Gives Large Compensation to Patent Holders

January 27th, 2011

East Texas CourtsDoesn’t it seem like every time a commercial comes on advertising some new technology or service, you have to do a Google search just to understand what their talking about?

Droid phones, 3G, 4G, IPads, Blackberry, and the list goes on and on. We are facing a modern age in which the inventing and producing of new technology is moving at lightning speed and whoever is at the front will make the most money.

Unfortunately, other aspects of the technology business are not keeping up. This is especially true when it comes to patents and what constitutes patent infringement.

Now, we are not just talking about keeping up with the incredible growth of wireless media that has taken place this last decade, we are talking 50 years since they set the standard that is currently being used to assign and distinguish patents.

And what that means is that the standard in which the courts of East Texas use to hand out high money compensation for patent infringement is outdated.

It is this exact standard in question that the citizens and judges of the courts in Marshall, Texarkana, and Tyler have used to award hundreds of millions of dollars for patent infringement.

The two major factors in question in the current standard is to what extent a patent reaches in certain technology and how much financial damage is really taking place with infringements.

Both factors, if changed, would lower the amount of compensation dramatically. Considering that the majority of new technology deals with multiple patents, the potential of monster lawsuits bringing some companies to their knees is in the future if the current standard is not updated.

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.

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.

East Texas revolving door of patent litigation

December 27th, 2010

Patent Attorneys and East TXIf things continue the way they are, we will see if Marshall has Texas sized hospitality. If you didn’t know it, the eastern court district of Texas has become a revolving door of patent litigation cases. In the world of patent infringement lawsuits, Marshall, Texarkana, and Tyler have become a “fans” favorite for patent trolls and others embarking to defend their intellectual property.

And with that bit of fame, the citizens of East Texas have been cashing in on the business that comes as a result. But the sweet taste of fame can have a bad after taste. There have been some talks of reform coming to patent litigation and one of those elements of reform is the stricter standard of where a patent infringement case can be filed.

If this reform comes to past, there are two scenarios that could happen. Number one: that everybody packs up and heads out to their separate parts of the world thus leaving these towns of East Texas ghost towns.

Number two: these companies, especially those that fall under the “patent troll” label, can make permanent “fronts” in the eastern part of Texas in order to establish legitimate reason to file suit there. The first possibility would bring drastic change to the local economy of these towns based on loss of the regular business of lawyers and legal representatives.

The second possibility could actually bring more business, yet would make this beloved East Texas homesteads a place of falsehood and deception. And for those who know what the people of East Texas well, that doesn’t hold over so well.