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(Ars Technica)   Patent trolls get their hand slapped by Federal Judge...just as sort of a warm-up for the full-blown butt kicking the State of Vermont has planned   (arstechnica.com) divider line 27
    More: Cool, Federal Circuit, Jon Bruning, relief, plain  
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3903 clicks; posted to Geek » on 14 Aug 2014 at 11:33 AM (5 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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ZAZ [TotalFark]
2014-08-14 08:51:56 AM
The fighting so far has been all procedure and no substance. The Federal Circuit did not say Vermont was right or wrong. The panel said it was not even allowed to decide the question presented. Some decisions of judges can not be appealed. Refusal to allow a transfer from state court to federal court is one of them. Similarly, in the NFL you're not allowed to challenge a holding call (or non-call) even if it was wrong.

If it loses in state court, MPHJ can still ask the U.S. Supreme Court to rule that holding a patent immunizes it from the unfair business practice complaint. That will be several years in the future.
 
2014-08-14 09:31:41 AM

ZAZ: The fighting so far has been all procedure and no substance. The Federal Circuit did not say Vermont was right or wrong. The panel said it was not even allowed to decide the question presented. Some decisions of judges can not be appealed. Refusal to allow a transfer from state court to federal court is one of them. Similarly, in the NFL you're not allowed to challenge a holding call (or non-call) even if it was wrong.

If it loses in state court, MPHJ can still ask the U.S. Supreme Court to rule that holding a patent immunizes it from the unfair business practice complaint. That will be several years in the future.


It's unlikely, though. Their argument is one of preemption - that the federal Patent Act preempts any and all statutes related to patents. But this isn't really about patents, it's about fraud. Like, if I don't actually own any patents, but threaten to sue you for patent infringement anyway, there's not really a patent at issue - instead, it's simply fraud and extortion.

FTA: Vermont Attorney General Bill Sorrell filed a lawsuit against MPHJ in May of last year that accuses MPHJ of making misleading statements in its demand letters and doing "little, if any, due diligence to confirm that the targeted businesses were actually infringing its patents."

Had they dialed it back to simply "we own patent #xxxxxxx. Contact us if you believe you may need a license. Reasonable rates negotiated prior to suit" they probably would have been okay.
Instead, what they were actually doing was including statements about how "many companies have responded to this program" and "an average price of $1,000 per employee was reached through the responses of many companies"... even though they hadn't actually negotiated a license with a single company. That's just fraud.
 
2014-08-14 09:51:33 AM
Fire every judge in West Texas.

Problem Solved.
 
2014-08-14 10:24:37 AM

doglover: Fire every judge in West Texas.

Problem Solved.


i.imgur.com
 
2014-08-14 10:51:28 AM
I had one of my clients get a letter from these clowns. And a followup letter a few weeks later threatening action. Here is how pathetic these trolls are- the client doesn't even have scanning enabled on their copier. Hell it isn't even connected to their network. The only scanning they do is through a scanner attached to a pc, and the scans are saved to the network from that PC. I told them to ignore it. About a month later they got another letter saying MPHJ would not be pursuing this claim any longer. The poor client though went through a couple of weeks of terror thinking they might have to pay $15000 for nothing.
 
2014-08-14 10:52:36 AM

Theaetetus: doglover: Fire every judge in West Texas.

Problem Solved.

[i.imgur.com image 280x158]


Whoops, I mean "East Texas" maybe.

Link

Y'know what, let's just fire ALL Texas judges and bring in California judges.
 
2014-08-14 10:56:06 AM

Theaetetus: doglover: Fire every judge in West Texas.

Problem Solved.

[i.imgur.com image 280x158]


Well he's got the area wrong, it's the eastern district of Texas where the trolls like to bring their suits- friendly judges and ignorant juries. A perfect combination.
 
2014-08-14 10:59:10 AM

doglover: Whoops, I mean "East Texas" maybe.


Juust a few minutes late :(

 But you are right- allowing the yokels in east Texas to effectively determine patent law is as bad as allowing Texas to determine school books. It's bad for the country
 
2014-08-14 12:26:07 PM

ZAZ: The fighting so far has been all procedure and no substance. The Federal Circuit did not say Vermont was right or wrong. The panel said it was not even allowed to decide the question presented.


Yes, but given that the question here really is procedural rather than substantive, this opinion is in line with a victory.  By finding a lack of federal jurisdiction, the Fed. Cir. is basically saying: Nope, no patent issues here, just, as Theae says "simply [state law] fraud and extortion.

As usual, the procedural questions are the important ones.*

/*at least 50% of the time**
// with a plus or minus of 50%.
 
2014-08-14 12:34:34 PM

doglover: Link


Dinki: [link]

Wow two links to natural news in a few seconds.  That does not bode well.  

Not saying you are wrong, because, seriously E.D. Tex., but lets not contaminate facts by citing to derp.  

/Thank god i work in pharma, its pretty much always D.Mass; D.N.J. and D. Del. for me anyway.
 
2014-08-14 12:40:10 PM
Patent litigation

Most recently, the Eastern District of Texas has seen an increase in the number of cases filed relating to patent infringement. This District has experienced an increase in the number of patent cases filed and tried, notably in the courts of Judge T. John Ward in the Marshall Division, Judge Leonard Davis in the Tyler Division, and Judge David Folsom in the Texarkana Division. Perhaps because the district has a set of local rules for patent cases and relatively fast trial settings, patent plaintiffs have flocked to this small venue. In addition the proximity to larger cities (such as Dallas and Houston) along with an aging jury pool interested in protecting property rights, may attract patent cases to Marshall, Tyler, and Texarkana.[citation needed]

"An attorney who has been admitted to practice before the Supreme Court of the United States, a United States Court of Appeals, a United States District Court, or the highest court of a state, is eligible for admission to the bar of" the Eastern District Court.[5]

In 2003, there were 14 patent cases filed. In 2004, this number more than quadrupled to 59 patent cases filed. In 2006, the number of cases grew to an estimated 236.[6]

The district has been perceived to be a favorable jurisdiction for plaintiffs in patent infringement lawsuits, which win 88% of the time compared to a nation-wide average of 68% in 2006,[7] even, according to some claims, in dubious cases (i.e. patent trolls).[8]

Between 2004 and 2011 the district presided over TiVo Inc. v. EchoStar Corp., involving the issues of patent infringement and contempt of court.

In 2009 Judge Leonard Davis, of the U.S. District Court for the Eastern District of Texas, ordered a permanent injunction that "prohibits Microsoft from selling or importing to the United States any Microsoft Word products that have the capability of opening .XML, .DOCX or DOCM files (XML files) containing custom XML," according to an announcement by the plaintiff, Toronto-based i4i Inc.[9]
 
2014-08-14 12:50:09 PM
My employer got one of these letters from these clowns

It took me about 2 days to find out that not only were their claims overbroad, but there was prior art, and they had settled out of court at least once, to avoid getting an unfavorable verdict.

I told them to talk to our lawyer, but I would ignore the letters.

Eventually, they did get an adverse ruling.  That is when they sent out the "we won't be pursuing these claims anymore" letters.
 
2014-08-14 12:53:53 PM

doglover: Patent litigation

Most recently, the Eastern District of Texas has seen an increase in the number of cases... In 2003, there were 14 patent cases filed. In 2004, this number more than quadrupled to 59 patent cases filed. In 2006, the number of cases grew to an estimated 236...


Not very recent. Honestly, with the AIA eliminating group filings and the Circuits now ordering venue transfers, the whole EDTex thing is starting to go away. In fact, Delaware is now the most common venue.
 
2014-08-14 01:12:38 PM
 
2014-08-14 01:25:42 PM
Don't mess with texass, but do not fark with Vermont.
 
2014-08-14 01:32:25 PM
People like them should be held down and forceably ass-raped with a pineapple.
 
2014-08-14 01:35:36 PM

foxtail: People like them should be held down and forceably ass-raped with a pineapple.


Just take all their money. ALL of it. And follow them, make sure they live in poverty.
 
2014-08-14 02:30:39 PM
Is there a list of all the companies that these assclowns sent these notices to? I'd be interested to see if my company got one, you know, for the lulz...
 
2014-08-14 02:58:06 PM
The Federal Court needs to put an end to this by requiring specific language:

 - The accuser must cite their patents by number (8,789,137) and the method of infringement (You use computers and process data) by how many people
 - The accuser must state a desired amount to settle this claim
 - The accuser should list the chain of custody of the patent with names, terms, times and dates

Can't do that? Go away.

and as soon as anyone settles, the settlement should be REQUIRED to be public. Preferably to be attached to the US Patent Office site

(http://www.uspto.gov/web/patents/patog/week29/OG/html/1404-4/US0878 913 7-20140722.html )
 
2014-08-14 03:22:23 PM

rubi_con_man: The Federal Court needs to put an end to this by requiring specific language:

 - The accuser must cite their patents by number (8,789,137) and the method of infringement (You use computers and process data) by how many people
 - The accuser must state a desired amount to settle this claim
 - The accuser should list the chain of custody of the patent with names, terms, times and dates

Can't do that? Go away.


The first thing you list is pretty much already required to initiate suit.

The second will merely be the listing of damages, which pretty much also is going to be in the complaint.

As to the third, i cannot really see how that is necessary, seeing as how swearing under pain of sanctions that your guys are the owners of the patent is again a requirement of suit.

All of which is fairly irrelevant, as this law is not about lawsuits.  Instead this [state] law is about requirements for demand letters, i.e. the cease and desist style mailers that the lesser troll organizations throw out there to get people to pay up for fear that a suit may be initiated.  To do that you need a legislature, not a court.

Senator Leahy had a bill that was intending to do something about this, but a combination of an aggressive fee shifting provision, heightened pleading standards and, possibly most importantly, a few recent supreme court decisions making it uglier for those bringing  frivolous suits meant it got pulled for this term (i.e. he didn't want to piss off every major non-troll patent holding org right before the mid-terms).  

A version of the Vermont act is one of the few laws likely to actually happen next term, assuming congress doesn't entirely implode.  

rubi_con_man: and as soon as anyone settles, the settlement should be REQUIRED to be public. Preferably to be attached to the US Patent Office site


So you would like the number of settlements to go down?  If company A pays off a troll for peanuts and it is listed on a PTO register, anyone who has any hope of a claim will hammer that company immediately in the hopes of the same sweetheart deal.  Meaning the incentives are now: litigate! Litigate always!
 
2014-08-14 04:48:09 PM

Teiritzamna: rubi_con_man: The Federal Court needs to put an end to this by requiring specific language:

 - The accuser must cite their patents by number (8,789,137) and the method of infringement (You use computers and process data) by how many people
 - The accuser must state a desired amount to settle this claim
 - The accuser should list the chain of custody of the patent with names, terms, times and dates

Can't do that? Go away.

The first thing you list is pretty much already required to initiate suit.

The second will merely be the listing of damages, which pretty much also is going to be in the complaint.

As to the third, i cannot really see how that is necessary, seeing as how swearing under pain of sanctions that your guys are the owners of the patent is again a requirement of suit.

...

plus, anyone can look up the chain of owners that are recorded in the patent assignment database maintained by the PTO.

But yeah, none of those proposals will do anything to stop trolls. Does he really think they're sending out letters that are just "You infringe a patent, which may or may not be owned by me, and I'm not going to tell you which, and you better call me with a cash offer or I'll sue"?
 
2014-08-14 05:43:56 PM

Theaetetus: Teiritzamna: rubi_con_man: The Federal Court needs to put an end to this by requiring specific language:

 - The accuser must cite their patents by number (8,789,137) and the method of infringement (You use computers and process data) by how many people
 - The accuser must state a desired amount to settle this claim
 - The accuser should list the chain of custody of the patent with names, terms, times and dates

Can't do that? Go away.

The first thing you list is pretty much already required to initiate suit.

The second will merely be the listing of damages, which pretty much also is going to be in the complaint.

As to the third, i cannot really see how that is necessary, seeing as how swearing under pain of sanctions that your guys are the owners of the patent is again a requirement of suit.

... plus, anyone can look up the chain of owners that are recorded in the patent assignment database maintained by the PTO.

But yeah, none of those proposals will do anything to stop trolls. Does he really think they're sending out letters that are just "You infringe a patent, which may or may not be owned by me, and I'm not going to tell you which, and you better call me with a cash offer or I'll sue"?


But that's what the internet and "journalists" tell me!  Are you saying they aren't right and don't have all the facts?

And who are you, some kind of patent lawyer.  More like patent shill amirite?
 
2014-08-14 06:03:18 PM
i like how the state even got involved.

that helps fight patent trolls, because one of the reasons they succeed is that they may settle for an amount that would be cheaper than the cost of defended their nonsense.  the state, on the other hand.  nonsense is their middle name.  they will outlast anyone.
 
2014-08-14 06:40:53 PM

hammer85: More like patent shill amirite?


Warning!

Every time Theaetetus is called a shill, he grows another penis.  And then farks the caller's mom with it.  After the great Apple v. Samsung wars, he looked like a penile porcupine.  

/Sadly this isnt even close to the worst power to appear in X-men.
 
2014-08-14 07:45:18 PM

Teiritzamna: hammer85: More like patent shill amirite?

Warning!

Every time Theaetetus is called a shill, he grows another penis.  And then farks the caller's mom with it.  After the great Apple v. Samsung wars, he looked like a penile porcupine.  

/Sadly this isnt even close to the worst power to appear in X-men.


Yeah, but since one grew out of the middle of his forehead, he can't see the offending posts to respond to them, on account of his balls are hanging in his eyes.
 
2014-08-14 09:27:40 PM

jso2897: Yeah, but since one grew out of the middle of his forehead, he can't see the offending posts to respond to them, on account of his balls are hanging in his eyes.


Lies!  He sees all!

Man reading prosecution histories all day makes me punchy . . . .
 
2014-08-15 10:26:39 AM

Teiritzamna: jso2897: Yeah, but since one grew out of the middle of his forehead, he can't see the offending posts to respond to them, on account of his balls are hanging in his eyes.

Lies!  He sees all!


www.rangercentral.com
I thought they were supposed to be penii.
 
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