Choosing the lesser of two evils always sounds good at the time. But when it comes time to be the one to choose, it’s a lot better said than done.And when it comes to the debate over patent reform, whatever decision might be made, somebody is going to suffer. So the question is, which is worse: the loss of job opportunities worldwide or the possible death of a town.
The two sides of patent form goes like this. If the different aspects of reform go through, the town of Marshall will lose pretty much all footing it has gained for being recognized as the ideal location for plaintiffs of patent infringement lawsuits.
The types of changes that would affect them include forum shopping, lower damage rewards, and tighter infringement standards. Considering that Marshall has become the patent litigation “Mecca” because of its favorable findings for and large pay outs, these law changes would leave them dead in the water.
The worst of the changes would be eliminating forum shopping. The large number of patent infringement cases that has come to Marshall is due to the plaintiffs in the case being able to choose its location, and any dummy knows that it is better to hold your case in a location with the highest percentage of plaintiffs wins in the nation.
If these laws pass, the economic revolution that Marshall has experienced will come to an end. The side of patent reform is how litigation has stunted innovation and thus, job creation.
Because of the amount of money and time being spent in court houses for patent infringement companies and firms are handcuffed to pursue other possibilities, thus, handcuffed to hire more people. So, you tell me, which is the lesser of two evils?
Like a modern day Alamo, the people of the Republic of Texas in Marshall need to board up the windows and doors and get ready for the fight of their life. Except it’s not the Mexican Army that’s coming, it’s the Coalition for Patent Fairness. And let me tell you, they have some heavy hitters. In response to heavy hits that they have been taking, some large businesses have formed or joined this coalition in order to bring reform to how patents and patent litigation is done.
Throughout the last decade or so, the number of cases dealing with patent infringement has skyrocketed in East Texas. Many have come to ask why East Texas has experienced such a surge of patent infringement litigation. There are a few different factors that come into play here. The East Texas District Court has great judicial expertise on the subject, the courts are known for being plantiff-friendly, and most importantly, jurors that are usually predisposed to awarding the plaintiff with a large sum of money almost every time.