5th Circuit May Stop Patent Troll "Forum Shopping" 76
I Don't Believe in Imaginary Property writes "Why is a 5th Circuit product liability case getting interest from lawyers all over the country? Because it might put an end to forum shopping by 'non practicing entities' (patent trolls) who prefer to file in the Eastern District of Texas, no matter how little relevance that forum has to their case. Thanks to the rules involving 28 U.S.C. 1404(a) motions and patent cases, people who get sued in Marshall, Texas usually can't get the case transferred elsewhere, even though that forum is seen as unreasonably favorable for patent plaintiffs. But, if the panel of judges in In Re: Volkswagen rules the way some anticipate, that could all change, and there are no less than six amici curiae who have filed briefs arguing both sides of it."
I had heard this also worked on the other side. (Score:4, Interesting)
Seems there was a federal judge in Chicago who thought everything was obvious (rather than "obvious only after it's pointed out and THEN you go 'Oh, of course!'"). So people trying to break patents would try to file their suits there, in the hope of getting that judge. Worst case was they got one of the other judges and actually had to prove their case.
Don't know if this was actually true. And even if true that judge would either be retired or nicknamed Lazarus by now. But I thought I'd share.
The first thing we do... (Score:1, Interesting)
EFF + Software Freedom Law Center, please stand up (Score:4, Interesting)
Re:From the "Read between the lines" department (Score:1, Interesting)
the only part of this I'm going to take a point with is that the difference in percentages means the difference (number of filed cases that never go to trial) does not mean they're super efficient at picking out merit less claims.
if you're faced with the option of a private settlement where you agree to pay say $2 per processor you ship (and you shipped say 1 million processors) rather than seeing perhaps a settlement as large as $6 million dollars... well, settling out of court is obviously the way to go.
if merit less claims are rooted out as effectively as in other venues, then the difference is from the sheer number of companies that have learned 'best to make a deal with the devil who bought out those patents and makes no electronics' than to face a jury awarded settlement.
electronic and computer companies in the past made agreements with companies holding patents against them, don't sue me and i won't sue you.
but the vast majority of patent lawsuits are being put forward by companies that make no computer or electronic devices, they are companies that specialize in getting patents for as many technical innovations as they can possible think of before anyone else can patent them.... it's like the MC mansion phenomenon.. every smart electrical engineer who couldn't land a nice job realized there was an easier way to make a million dollars a year in income, patent the best ideas they can come up with for technological inventions, and never make a single product and live entirely off suing companies that infringe on your patents..
I've looked into this, people in east Texas don't give a damn about large corporations, they hate em, anyone who 'sticks it to the man' is a++ in their book, that's why that venue is hated by any corporation involved in technology. it's not because there are so few crimes, it's because the juries always side with the person who bought or came up with a patent, even if that company is a shell corporation that does nothing but buy and list new patents.
It's perfectly legal to apply for patents and make no devices yourself, and this is how smart tech guys who can't get honest jobs, or pick the wrong startup and moan over their poverty if they don't do something... the problem is, these people once they hit it big, have no reason to do anything else, but patent troll, real jobs don't pay in the $12,000,000 'jury award' for nintendo vilating your video game controller patents with it's 'wii' controller, even though the technical concepts for most of what is needed to make new 'breakthrough' controllers was at least somewhat thought out 30 years ago... if nobody patented all the slight variations... and they actually wound up implementing something close to a slight variation witt 'patent pending' well... $$$ for the parasite to society who produces nothing, but legally binding patents.