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I've often wondered if that would work. How big a market could that district be? If you made some documented effort not to sell your product there, would that b
by noonespecial 10y ago
I've often wondered if that would work. How big a market could that district be? If you made some documented effort not to sell your product there, would that be enough to argue that the case should be heard in a different venue?
- the_watcher 10y agoThere are 3.5M people in the Eastern District of Texas. However, the seat of the court is in Tyler, which has a metro area population of about 215K. Tyler will be where the majority of jurors come from, so that would be where the impact was felt most by jurors.
- noonespecial 10y agoI wasn't really wondering about the jurors for this question. I was wondering if I received a lawsuit in the notoriously plaintiff friendly Eastern Texas district if having a company policy of just not dealing with any customers in those zipcodes would be enough to automatically (or at least very likely) allow my case to be heard in a different venue. It might actually be worth forgoing those 3.5M potential customers for that.
- dhimes 10y agoI wonder too and actually put such language into my TOS. I hope I never forget find out, however.
- dhimes 10y agos/forget/have to/ sheesh
- the_watcher 10y agoEvery patent lawsuit involves lawyers whose specialty is removal. Similar to lawyers who specialize in juror selection, there is a specialty that specifically involves manipulating civil procedure rules to have cases removed to the friendliest venue. The only way to actively avoid that is to not only entirely avoid any connection to the venue you don't want (which includes things like using shipping providers that may pass through the venue and turn off iMessage for people visiting the venue, but to also only infringe on patents where the patent holder does no business in the Eastern District, which is not possible