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There's some outdated information here: Davis and Ward are former judges for the district, and both "have sons who are attorneys with patent-focused legal pract
by btown 9y ago
There's some outdated information here: Davis and Ward are former judges for the district, and both "have sons who are attorneys with patent-focused legal practices" in the district. However, both have now retired [0]. The current judge in Marshall, Rodney Gilstrap, does have a son, but one who does not practice patent litigation [1] [2].
[3] gives a lot more information about the origin of the rules that made East Texas initially attractive, as well as how "there are signs [Gilstrap] is starting to crack down on patent trolls." It's a much more nuanced story, with a clear narrative of how judges acting in good faith might design rules like this to speed up litigation... and I'm unsure how much a judiciary can or should take into account e.g. parties' abilities to pay for discovery, one of the main contributors to the environment here [4], when deciding on those rules. Federal legislative reform would be the clearest path here, but that's hard to come by these days.
(I am not a lawyer.)
[0] https://arstechnica.com/tech-policy/2015/04/east-texas-judge-who-oversaw-1700-patent-cases-joins-biggest-ip-law-firm/ https://arstechnica.com/tech-policy/2015/04/east-texas-judge...
[1] http://mcsmith.blogs.com/eastern_district_of_texas/2011/05/judge-rodney-gilstrap-of-marshall-named-for-eastern-district-judgeship.html http://mcsmith.blogs.com/eastern_district_of_texas/2011/05/j...
[2] https://www.velaw.com/Who-We-Are/Find-a-Lawyer/Gilstrap--Stephen/ https://www.velaw.com/Who-We-Are/Find-a-Lawyer/Gilstrap--Ste...
[3] https://motherboard.vice.com/en_us/article/aek3pp/the-small-town-judge-who-sees-a-quarter-of-the-nations-patent-cases https://motherboard.vice.com/en_us/article/aek3pp/the-small-...
[4] http://www.patentprogress.org/2014/05/21/popular-patent-judge-shows-need-discovery-reform/ http://www.patentprogress.org/2014/05/21/popular-patent-judg...
- calvinbhai 9y agoThanks for that reply! My understanding of this issue is solely based on the Patent Scam movie. Its actually made by the person who got sued because he sold an app on Google Play store! (basically anyone selling on Play Store could be sued this way). In addition to the burden of discovery that you have mentioned, the fact that US allows an idea to be patented, is the root cause of this pain. Once that is addressed, innovation can thrive.