Tyler TX Facebook

Follow Donny on Twitter

Username:
Password:
  Remember Me   Forgot password?  Register
0-9  A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z  

Find or Refer a Contractor in Tyler

Patent Trolls Aim Pistol at Big Business in East Texas

January 24th, 2011

Patent TrollingWith the failure of Proposition 19 in California came the loss hope among many citizens of the Golden State to be legally practicing one of their “recreational” hobbies. Many still wonder, what is the big deal about legalizing the use of the substance as some of our colleagues in Europe have?

The common thought is, if we legalize marijuana like tobacco and alcohol, then there will not be as many problems, right? Right? Well, let me say this in my best Texan. Just ‘cause you change the look of something, don’t mean it’s right. In so many different areas, there is a search to make something look better by changing the wording of it.

As “political correctness” takes over we can suffer a compromise that will hurt us on the long run. Take, for example, the little controversy of patent trolls in the business arena.

Patent trolls consist of companies who have obtained patent licenses with the sole intent to use them as a pistol aimed at bigger businesses that might have infringed on the patent in order to bring a lawsuit against them for compensation.

Now, one red flag of a patent troll is that the business has not manufactured the patented item and will never do so. Some uproar has come as a result of this practice and many are taking sides.

In an attempt to downplay this unethical practice is to refer to them, not as patent trolls, but rather, “non-practicing entities”. As in, “We choose not to implement the objects of our patents.” That’s like saying, “I’m a non-practicing dieter”.

Whatever the case may be, if it quacks like a duck, walks like a duck, and has feathers like a duck then it’s a duck.

Misunderstood patent holders with rights fighting in East Texas

January 3rd, 2011

Misunderstood patent trollsIt’s one of your classic movie plots. Good guys fight bad guys, only to find out that bad guys are misunderstood, thus a compromise is made, fighting stops and now, no more enemies. So it would seem to be taking place in the federal court rooms of East Texas and other parts of the United States.

Could it be that the so called “patent trolls” that have been portrayed as abusers of our legal system for profit are, in reality, simply misunderstood patent holders with rights?

The rising unethical practice of purchasing unmanufactured patent rights in order to sue companies with manufactured products that have the possibility of infringing on the patent has made its enemies throughout the last number of years.

And as the practice is understood, it is justifiably so. But are these “trolls” really doing anything different than your average patent holder? The very creation of the concept of patent holding is to ensure the protection of intellectual property or ideas of invention.

When a patent holders “property” is being produced without their permission, they have the right to be compensated for the infringed use of their idea. This means that the accused patent trolls are practicing the same rights as any patent holder when they pursue anybody who has produced a product or service that infringes upon their patent.

So, technically they are under the same labeling as your average patent holder. Where they vary from the rest is in the area of morally or ethics of why they do it. The pure concept of the labeling a company a ”patent troll” is based on the aggressive pursuit and use of patents solely for litigation without any motivation to manufacture the product, which stunts innovation.

So, our beloved patent trolls not misunderstood, they are bad through and through.

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.