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Apple to Close Stores in Eastern District of Texas to Fight Patent Trolls

300 points by aquabeagle 8y ago

deleted 8y ago
[deleted]
kevin_b_er 8y ago
It seems quite reasonable for apple to avoid the renegade court. The court is known to intentionally violate the Federal Rules of Civil Procedure to the benefit of patent holders.[1] You must seek permission from the renegade judge in order to file Summary Judgement. "A party may move for summary judgment" They may not move for summary judgement, because the judge denies this in this court. "The court should state on the record the reasons for granting or denying the motion." The court does not, because the judge will deny permission to file the motion that would have them explain why they are denying a summary judgement motion. I consider their willful breaking of the civil rules "prejudicial to the effective and expeditious administration of the business of the courts". That is to say, I consider it judicial misconduct. The court is corrupt and broken by patent greed. Apple is right to avoid this den of misconduct. http://www.txed.uscourts.gov/cgi-bin/view_document.cgi?document=22071 http://www.txed.uscourts.gov/cgi-bin/view_document.cgi?docum... https://www.eff.org/deeplinks/2014/07/why-do-patent-trolls-go-texas-its-not-bbq https://www.eff.org/deeplinks/2014/07/why-do-patent-trolls-g...
- dublo7 8y ago
  Agreed. My previous company has to deal with trolls like this. They somehow managed a patent on turning 2d pictures into 3d panoramas which Google and iPhone do in the phones. We used software from Germany but since it violated the patent and we were tiny, boom lawsuit. This supreme Court ruling saved the company because we got it transferred to our state and the judge laughed them away. It would be like suing a grocery store because Microsoft word violated you're spell check patent. They only go after like guys who can't fight back.
  - SEJeff 8y ago
    You might want to double check on "your" spell check patent :)
    - johnm1019 8y ago
      His spellcheck works fine, the grammar check is broken. :)
      - mjevans 8y ago
        The English language is broken by design and historical practice with respect to spelling (borrowing when it needed to steal) and grammar; though it may possibly not be as broken as other historical languages. Also, before you propose something like Esperanto; that language appears to be the antithesis of what I'd prefer as a replacement. The general design goals being more: * a 'RISC' (rather than CISC) style use of verbal pallet (pick the most common international phonetics, not a regional 'good enough' set) * purely phonetic spelling and pronunciation (one exact way to spell or say anything and vice versa) * never mutate words for any reason (no tenses, conjugation, etc) * no pronouns (only use proper nouns or descriptive selections) * eliminate filler where possible (the, a, similar non-informational words); this would be more of an accepted grammar shift. If there is a reason for that use then more distinct and/or obvious reasons for using a replacement mechanism should be apparent and taught in standard education.
        linux2647 8y ago
        Maybe something like Toki Pona? https://en.wikipedia.org/wiki/Toki_Pona https://en.wikipedia.org/wiki/Toki_Pona
        mjevans 8y ago
        It seems close to my goals, but violates one of the main ones related to lowering the entry barrier. All the letter (and sounds) used NEED to be pronounced, the same way, for native speakers of English, French, Russian, Spanish, and also various major (eastern) Asian languages. That means that when an otherwise uneducated (in languages/reading the squiggly version of words from a dictionary) user in one of those languages tries to read one of the words it should sound like only a slight accent, not a major flub. J should never have been used. "14 Latin letters, a e i j k l m n o p s t u w, are used to write the language. They have the same values as in the International Phonetic Alphabet:[38] j sounds like English y, and the vowels are like those of Spanish or Italian. Capital initials are used to mark proper adjectives, while Toki Pona roots are always written with lowercase letters, even when they start a sentence.[39]" -- Edit about the difference in vowels/etc: If there isn't a common ground in notation for symbols, then the writing for the language CAN'T map back to any existing phonetic symbol system either. It MAY use existing non-phonetic symbols and assign new uses for them, but it MUST NOT reuse such symbols that have conflicted mappings in existing languages.
- monochromatic 8y ago
  They violate the FRCP? Please explain. (Your link is broken.)
  - kevin_b_er 8y ago
    The EFF explains it well in the other link. It is the Federal Rules of Civil Procedure 56. I quoted it twice. The Eastern District of Texas requires you to ask permission to file summary judgement, which the judge then can deny without explanation or reasoning. As such, while the rule says you "may move for summary judgement", this is not permitted in this court. It also says you get to hear the reason when the judge denies it. This you also do not get, as the judge will deny your ability to ask for it and the reason out of hand, and without explanation. So we can understand that the first line of rule 56 is a lie in the eastern district of texas.
    - ABCLAW 8y ago
      This is a very good explanation, but it might be missing one note for lay persons. Summary judgement is cheap (well, relative to litigation, that is), fast and occurs early in the development of the lawsuit before the most expensive steps take place. It is a direct competitor to just paying the trolls their settlement amount to stop bothering you.
- deleted 8y ago
  [deleted]
- rudyfink 8y ago
  -the article the OP is referring to discusses an old letter briefing requirement in the Eastern District of Texas. That requirement has not existed in patent cases in EDTX since 2016 (https://mcsmith.blogs.com/eastern_district_of_texas/2016/07/letter-briefing-sources-for-more-information-on-the-practice.html https://mcsmith.blogs.com/eastern_district_of_texas/2016/07/...). -As the "mcsmith.blogs" article mentions, the letter briefing process the EDTX had used was recommended by the Federal Judicial Center as a case management strategy in patent cases. -The suggestion that EDTX does not grant summary judgment for patent challengers is incorrect. It granted between ~10-30% of such challenges each year between 2008-2017. (source DocketNavigator - a data aggregator on patent cases). [as an aside, part of the legal standard for summary judgment is that there is "no genuine dispute as to any material fact." This can be difficult to meet in patent cases. For example, think of all the factual questions involved in determining whether a patent is invalid (e.g., has this specific thing ever existed before or is it obvious) or infringed (e.g., does this specific thing meet the limitations of this patent)].
  - kevin_b_er 8y ago
    It isn't that they didn't grant or deny, its that they had a 3rd category: FORBIDDEN from asking for summary judgement. This makes the 10-30% number of little meaning, because there's a whole of of summary judgements that got a forbidden marker. They're not in the set of summary judgements granted, because there was no motion. The motion never happened because they were forbidden from being filed. So what's the real percentage? Do we know how many summary judgements never got filed because the judges never let them get filed?
- babypuncher 8y ago
  Maybe I'm just really dumb, but can't anyone sued in this court just appeal to a higher court that isn't run by renegade turds?
  - sirmarksalot 8y ago
    Not a lawyer, but I'd presume the reason a defendant would file for summary judgment would be to avoid the financial burden associated with a meritless case. If summary judgment is rejected, then making an appeal would likely be more expensive than just settling with the plaintiff.
  - ABCLAW 8y ago
    If you do not make an argument at first instance, you cannot appeal a judgement on the ground that it was not considered. So you're fighting in the lower court because you need to fight there. Remember, it's the fight that costs money, so no matter what you're always on the hook for something. The question ends up being are you on the hook for the cost of the fight or the cost of paying them off.
  - dragonwriter 8y ago
    > Maybe I'm just really dumb, but can't anyone sued in this court just appeal to a higher court that isn't run by renegade turds? Only after the expense of trial (and some people see the Federal Circuit, which hears all patent appeals, as being run by renegades, too), and the appeals process is deferential to the trial court in a number of ways, so this is time consuming, expensive, and still doesn't undo completely any tilt from the trial court.
ironcan 8y ago
Would such a move be enough to not be under the jurisdiction of the Eastern District? Google doesn't have any store there yet that doesn't stop any patent troll.
- dublo7 8y ago
  Google's army of lawyers and cash reserves keeps patent trolls away. Pt try to go after little and medium companies who don't have the time or resources to fight back. It's way cheaper to write a check and make the problem go away, rather than fight via expensive lawyers or getting audited before the shakedown.
  - the_jeremy 8y ago
    One would assume this to also be the case for apple. I definitely would not call them a "medium" company.
  - icco 8y ago
    Apple has larger cash reserves than Google. Also Google has spent years buying companies for their patent portfolios to help prevent patent trolls. But also many tech companies are joining groups like LOT Net to help stop this as well. This is just defense in depth.
- jjulius 8y ago
  The following is an excerpt from the short article you're commenting on: >Residency is also a factor in determining the applicable venue of a patent infringement lawsuit, but in May 2017, the Supreme Court shifted precedent by ruling that a U.S. corporation resides only in its state of incorporation. Apple is incorporated in California, not Texas, satisfying this clause.
  - zazen 8y ago
    The relevant excerpt is: >The plans are significant, as U.S. law states that patent infringement lawsuits may be filed "where the defendant has committed acts of infringement and has a regular and established place of business." By closing its stores in Eastern Texas, Apple is ending its established place of business in the district. Moving a store from one district of Texas to another obviously doesn't relate to the question of the state of incorporation/residency.
phire 8y ago
I suspect this won't actually prevent lawsuits in the Eastern district. With internet shopping and the new store just across the district line, lawyers should be able to argue that Apple is indeed doing business in the region. It will just waste a bit of lawyer time. It almost feels like Apple is punishing the region for it's patent troll supporting ways.
- giancarlostoro 8y ago
  I don't think they expect it to prevent lawsuits, I think they're making a statement.
  - S_A_P 8y ago
    agreed. Further if they can convince other tech companies not to pander to this district, they may reconsider their position. This has long been a money play by that judge/lawyers in the area.
  - sadris 8y ago
    They should make a statement to Australia and block access and sales to the entire country for their anti encryption law.
    - kstrauser 8y ago
      I think their current statement is "this is dumb and we're ignoring it".
- IOT_Apprentice 8y ago
  Should they not punish the region? The Eastern district is corrupt.
  - otterley 8y ago
    I can't see how it makes sense to punish the customers for the behavior of a Federal district judge who isn't elected by them. (The President appoints Federal judges and the Senate confirms them.)
vfclists 8y ago
The rich irony of a company that patented round corners taking the high moral ground against patent "trolls" or whatever their called
- dmitriid 8y ago
  They patented the design of iPad which included specifically rounded corners among many other things.
- monochromatic 8y ago
  Design patents are pretty different from regular utility patents.
- sonnyblarney 8y ago
  Most patents filed big by corps are protective in nature. It would be hard for Apple to sue people for 'round corners' - but it gives them a moat to protect themselves from trolls who patent 'round corners'. But it does cause problems, because it causes hesitancy in other companies, i.e. 'swipe to unlock' patents etc..
  - tooltalk 8y ago
    We are not talking about "most" sane, reasonable companies like Google, Samsung, etc. Apple is historically known for being litigatious, in addition to being the most litigated today: https://www.pcworld.com/article/262202/apple_vs_a_pl_tech_company_sues_online_polish_grocer_over_logo.html https://www.pcworld.com/article/262202/apple_vs_a_pl_tech_co...
    - lostlogin 8y ago
      What is a ‘reasonable’ company? The chairman and heir of Samsung went to prison for corruption. https://www.google.co.nz/amp/s/amp.theguardian.com/world/2017/aug/25/samsung-heir-lee-jae-yong-found-guilty-of-corruption https://www.google.co.nz/amp/s/amp.theguardian.com/world/201...
tooltalk 8y ago
looks like Apple is shopping around. I guess we are going to see more cases landing on the desk of Judge Lucy Koh in the Northern District. Koh is obviously known for her landmark decisions in Apple vs Samsung and other cases that overtly favored Apple. Samsung, for instance, despite having won a ITC case and a SCOTUS decision on limiting damage on design infringement, saw their ITC victory reversed/pardoned by Obama and Apple's hometown jury rewarding almost everything Apple had asked for. Legal observers see it's no coincidence that the FTC filed their on-going antitrust case against Qualcomm in Koh's court, in Apple's front yard.
- throwaway_0x00 8y ago
  Sounds exactly like what Samsung's secret trolling dept. was spreading a while ago. All "Samsung men" work hard, as the saying goes, eh. It's a well-known "secret" in Korea that Samsung operates trolling department, staffed with full timer employees, salaried with perks, under cover. When an expose was published about 10 years ago, it was claimed the department employed 150 people, but who knows how many now. Posting as a throwaway for obvious reasons.
- macintux 8y ago
  The litigants decide where to file suit. Apple can't shop for courts when they're the defendant, except in this case by specifically avoiding the jurisdiction of one court that's a dramatic outlier.
  - tooltalk 8y ago
    Actually, while it's not common, a change in legal venue is perfectly legal and Apple knows how to play the game (see Google vs Rockstar, which, once upon a time, was Apple's patent trolling operation in the Eastern District of Texas).
_bxg1 8y ago
I grew up in Plano; the Willow Bend location was the "main" one for my area. I think this will sting. On a map it looks like the new location is trivially close-by, but the Galleria is in "Dallas proper", as opposed to the other locations which were deep in suburbia. In other words you have to brave Dallas traffic across the urban sprawl to get to it. It's not a mall people in the suburbs go to to just hang out; it's an outing. On top of that, Plano and Frisco are both relatively wealthy areas with lots of people who really really like their Apple devices. Hopefully this is a wake-up call.
- kodablah 8y ago
  True, the Galleria parking and 635 area are usually what turn people off (not that Stonebriar and Willow Bend don't have their own problems these days). There are no other upscale malls in the north Dallas region beyond those three, I don't see Apple ending up in the lesser Grapevine Mills or Music City (nee Vista Ridge) malls to serve the area assuming they are within the boundary. But in general, people in the metroplex don't rock the boat and aren't very squeaky wheels. It may hurt a bit, but it won't change anything.
  - amyjess 8y ago
    > There are no other upscale malls in the north Dallas region beyond those three Well, there's also NorthPark, but I believe that already has an Apple Store. And I wouldn't really call Stonebriar "upscale". It's basically the only non-upscale mall here that isn't dead or dying.
    - kodablah 8y ago
      > Well, there's also NorthPark Not what I'd consider the north Dallas region. I mean "upscale" in mall-relative terms which is basically just not dead or dying.
      - amyjess 8y ago
        Eh, anything that's north of Loop 12 and west of 75 (and east of some nebulous line west of Inwood) is "North Dallas". NorthPark barely qualifies, since it's on the northwest corner of Loop 12 and 75. But it's all moot because I checked, and Apple already has a store at NorthPark.
kdot 8y ago
I suspect this has more to do with the foot traffic at these two locations.
bluejekyll 8y ago
Here's something I don't quite understand, and where some of this feels a little hypocritical: Apple, the most valuable company in the world, could be working to reform patent law in order to make this a non-issue. Everyone talks about US politics as pay-to-play, it should be possible for Apple, Google, MS, Amazon, etc., to lobby for Software Patents, for example, to be reclassified as "math" and therefor not patentable. If they're actively doing that, then I'm not aware of it. If US policy can be bought and sold as we are led to believe (maybe this is actually a false premise) then you'd think the most valuable companies in the world would be able to change it. What this implies to me, is that they want the existing patent system to work in their favor, i.e. to protect their monopolies against new competitors, but they don't want to deal with the downside of the patent troll abuse. Don't get me wrong, I'm aware of the documented corruption of the court in Texas, and I think it's abhorrent, along with all the trolls, but this feels like a situation where Apple wants it's cake and to eat it too. Shouldn't we just do away with software patents all together and instead rely on copyright law?
- smsm42 8y ago
  > Everyone talks about US politics as pay-to-play, it should be possible You are assuming that if "everybody talks" about something, it must be true. Unfortunately, it is not often the case.
- mrguyorama 8y ago
  They don't want to re-define how patent law works because they sometimes use it to their advantage.
  - ABCLAW 8y ago
    I think it's more that their legal department is busy with enabling their business. Which is doing well. Typically industry lobbying is performed through industry associations, not by companies themselves. Why would Apple shoulder the burden of the lobbying effort when all of the other tech companies would be happy to ride their coat-tails? Additionally, the political climate re IP lobbying in the past 5 years has been non-optimal to push for changes. Apple has been involved in several very large IP disputes, which makes their involvement look self serving, the AIA was relatively new and some people wanted to wait to see if it would be effective, a new USPTO director came in only a year ago* (prior to which the previous director was very unlikely to make large changes at the end of their mandate), and the current administration is very hostile towards coastal IP-centric business. *Oh, and he's fucking horrible: https://www.ipwatchdog.com/2018/10/19/iancu-risk-takers-patent-troll-narrative-orwellian-doublespeak/id=102474/ https://www.ipwatchdog.com/2018/10/19/iancu-risk-takers-pate...
deeg 8y ago
What's the incentive for Eastern District to be so conducive to patent trolls? Is it otherwise too small to support the judges and staff?
- ams6110 8y ago
  That would be my guess. Court fees pay for judge and supporting staff salaries, benefits, facilities, perks. They've found a gravy train and will ride it as long as they can.
- jamiek88 8y ago
  Well they got a Samsung ice rink one year for the town. Which was nice.
- quest88 8y ago
  Well, IMO, it's very easy to look good in the local community. For example, http://www.personalweb.com/ http://www.personalweb.com/ opened up shop when I was attending school there. They hired (as part-time interns) a bunch of local college students and built the bare minimum. They had small parties and showed up at a lot of community events. They came to my uni to give a presentation to scout for interns. I asked them why they chose their location next to the court house, and they replied because of the patents they had they thought they would be at the courthouse often :).
shmerl 8y ago
Apple are quite infamous as patent aggressors themselves, attacking others even on completely trivial issues that have prior art, so they don't look like a good fit for anti-patent troll hero.
d--b 8y ago
I don’t understand. Most firms that get sued in Texas for patent infringement don’t have mortar and brick shops in Eastern Texas. If it was that easy to avoid infringement lawsuits in Eastern Texas, Eastern Texas would be completely deserted by tech companies, forcing the people there to change their policy.
- donarb 8y ago
  If you look at the map in the article, you'll see that the Eastern District wraps around to include some of the northern suburbs of Dallas, suburbs that are filled with lots of malls.
- modeless 8y ago
  Until May 2017, having a physical presence was not a requirement for being sued there. Now because of the Supreme Court ruling referenced in the article, it is. Expect to see more businesses leaving the Eastern District of Texas, and possibly avoiding incorporation in Texas as well since that would also expose you.
untog 8y ago
A powerful move would be for Apple to continue renting the space, but close the store and place posters in the windows explaining exactly why they've left, and why things needs to change. Might light a fire under local politicians.
- riffic 8y ago
  Starting a war against the judiciary doesn't seem like something the corporate lawyers are going to greenlight.
  - ct0 8y ago
    Im sure apple fanboys would love the "street cred" and youtube views for getting involved in supporting their favorite brand.
  - CamperBob2 8y ago
    Congress is theoretically supposed to act as a check on the judiciary, at least to the extent they appoint the judges in the first place. It's reasonable to encourage the constituents to provide feedback to their legislators.
- gamblor956 8y ago
  This would accomplish none of Apple's objectives, since they would remain subject to the jurisdiction of that federal district and the local politicians have no say over a federal judiciary appointment.
denart2203 8y ago
Well, the eastern district of texas gets their just desserts for making it so easy for patent trolls to file there... GG.
- unexpected 8y ago
  It's just as easy to file in other districts as the Eastern District. Trolls like the Eastern District because of the judges currently sitting on the Eastern District, as well as the caliber of juries in the Tyler area. They're not super educated, easy to manipulate, and have a "well, they wouldn't have filed if they didn't do something wrong" attitude.
- MagicPropmaker 8y ago
  It’s ״just deserts”. Plus your point is odd. It’s not the filing that’s easier.
kevin_thibedeau 8y ago
This looks like some heavy spin. The only reason why those stores were there was to put a positive spin on Apple in the minds of potential jurors. Same as the Samsung ice rink. The stores don't have a purpose now that reforms have been put in place to inhibit shopping for favorable courts.
- kodablah 8y ago
  > The only reason why those stores were there was to put a positive spin on Apple in the minds of potential jurors The article may not make it clear, but the malls where the stores are closing are hours (~2h45m or ~170 mi) away from the town (Marshall) where potential jurors reside.
NotAFed 8y ago
This idiotic court must hate money, because I now have absolutely no reason to visit Frisco or spend money there lol.
iakh 8y ago
I couldn't figure out if the first part of the title had anything to do with the latter part of the title. Is Apple closing down its stores because of the recent ruling or was that completely unrelated to why Apple is closing down those stores?
- jsmeaton 8y ago
  It’s a leap the writer is intending people make, despite the writer not actually knowing the reason.
  - tempestn 8y ago
    It's a logical assumption for anyone to make, absent evidence to the contrary. The writer is avoiding stating the cause and effect as fact since she doesn't have proof, but the information provided is relevant.
- rincebrain 8y ago
  My inference is that if Apple does no business in that jurisdiction, with the recent ruling about patent holders not being able to choose where to file, the patent trolls will have approximately zero chance of that district being approved to weigh in on the patent trolling. It also serves as a detriment to the city, particularly if any other companies follow suit, depending on how much the eastern district earns directly and indirectly on these lawsuits.
  - tyingq 8y ago
    I wonder if they'll hang an explanatory note about why they closed in the window.
    - favorited 8y ago
      That wouldn't be smart, because then they'd still have a physical presence in the district. The sooner they can lock the door and terminate the lease, the sooner they get the benefit of not being located there.
Rasyidsugar 8y ago
I am sure that apple has its big reason why it could be done. I guess, Apple has new plan growing their market .. Regard Writer on https://www.tolongtangtugas.web.id https://www.tolongtangtugas.web.id
jmurzy 8y ago
Having recently watched The Patent Scam, I wish more companies would follow suit here and exit EDOT, maybe then people would wake up and demand that these corrupt judges are removed from the bench! edit: correction made per child comment.
- mchannon 8y ago
  Federal judges aren't the sort that get voted out. They're appointed for life. The degree and direction of corruption within a judge bear a striking resemblance to the president who appoints them.
  - HenryBemis 8y ago
    Leaving the political opinions aside (especially since I don't vote in the USA), I believe that USA has one strong/clean/independent Justice system. There is transparency. I don't believe that in many other modern/western countries there is so much attention to the top judges. I understand that people don't like either "Barack", or "Donald", and others before them, especially calling them by their first name as if they are friends or cousins. But just for fun, let's see if anyone from Belgium, UK, Greece, Spain, etc can name 5 top judges. I, for one, cannot :) Sidenote: I'm not a US citizen, nor live in the USA.
    - cameronh90 8y ago
      While this is true, also remember how powerful the US supreme court is. Due to a combination of common law (binding precedent) and an old, difficult to change, ambiguous constitution, the US Supreme Court is arguably even more powerful than the president.
      - vageli 8y ago
        > While this is true, also remember how powerful the US supreme court is. Due to a combination of common law (binding precedent) and an old, difficult to change, ambiguous constitution, the US Supreme Court is arguably even more powerful than the president. To me, this is an amazing aspect of the American justice system. Nine individuals, chosen over a broad range of years, are the last bastion of hope in keeping the current politics du jour from running amok. Nine individuals who were most likely all not chosen by the same person, have multitudinous alignments and bring their various perspectives to the table. When they come together in agreement, it is undoubtedly just given their diversty over the decades. Or at least in theory.
bhartzer 8y ago
The only thing that Apple is doing is getting out of Collin County, Texas--by closing Plano and Frisco locations. If you look here: http://www.txed.uscourts.gov/?q=court-locator http://www.txed.uscourts.gov/?q=court-locator you'll see that Collin County is in Eastern District of Texas. So technically speaking, moving out of Plano and Frisco and moving to Dallas County will solve their patent troll issue.
- lightedman 8y ago
  No, it won't. DFW is getting bought out, too.
- tyingq 8y ago
  Plano and Frisco are affluent suburbs though, probably pretty heavily iPhone fans. The local community won't be happy. Traffic is pretty bad, and DFW is sprawling. If I were Apple, I'd make some effort to communicate the reasons to the locals.
  - bhartzer 8y ago
    Yes, definitely lots of Apple users in Collin County, and the Willow Bend store and Frisco stores were always packed. Galleria location isn't that far from Plano or Frisco, so I'm sure it won't be a problem. Most probably work in the North Dallas area anyway.
duxup 8y ago
I thought you could file in that district if you just proved there was a customer there who bought something, even online.
bigtex 8y ago
The Plano store was the first one in Texas and 3rd one overall.
univalent 8y ago
Good, I hope this draws the attention of voters in the district. My employer (very large) was sued twice in this court. Both times by trolls. The lawyers basically described this judge as running a ‘cottage industry’ and were unwilling to even set foot in that courtroom. The patents the lawsuits were based on were insane. One of them was on any image compression for medical images which was somehow granted in 2005 (that’s another problem). There was reams of prior art but of course we settled. I was very low on the totem pole of the company but it still pissed me off to no end.
- dragonwriter 8y ago
  > Good, I hope this draws the attention of voters in the district. It's not an electoral district, but a judicial one, all of whose officials are Presidential appointees, not locally elected. There's a tradition (weaker in the last few decades, especially when the White House is in opposite hands from the Senate seats in the state) of consultation with the Senators of the state containing the district when appointing judges, but in large states (where judicial districts aren't the whole state, as is the case here since it's the Eastern District of Texas and not the [non-existent] plain unmodified District of Texas) that still doesn't provide a special role for “voters of the district” distinct from those of the whole containing state.
mindfulplay 8y ago
Nice now the judges and their sons who got bug fat checks have to face the truth finally: that they might have all the money but they still live in Eastern District of Texas that won't have an Apple store for them to spend their cash on.

300 points by aquabeagle 8y ago

deleted 8y ago

[deleted]

It seems quite reasonable for apple to avoid the renegade court. The court is known to intentionally violate the Federal Rules of Civil Procedure to the benefit of patent holders.[1] You must seek permission from the renegade judge in order to file Summary Judgement. "A party may move for summary judgment" They may not move for summary judgement, because the judge denies this in this court. "The court should state on the record the reasons for granting or denying the motion." The court does not, because the judge will deny permission to file the motion that would have them explain why they are denying a summary judgement motion. I consider their willful breaking of the civil rules "prejudicial to the effective and expeditious administration of the business of the courts". That is to say, I consider it judicial misconduct. The court is corrupt and broken by patent greed. Apple is right to avoid this den of misconduct. http://www.txed.uscourts.gov/cgi-bin/view_document.cgi?document=22071 http://www.txed.uscourts.gov/cgi-bin/view_document.cgi?docum... https://www.eff.org/deeplinks/2014/07/why-do-patent-trolls-go-texas-its-not-bbq https://www.eff.org/deeplinks/2014/07/why-do-patent-trolls-g...

dublo7 8y ago
Agreed. My previous company has to deal with trolls like this. They somehow managed a patent on turning 2d pictures into 3d panoramas which Google and iPhone do in the phones. We used software from Germany but since it violated the patent and we were tiny, boom lawsuit. This supreme Court ruling saved the company because we got it transferred to our state and the judge laughed them away. It would be like suing a grocery store because Microsoft word violated you're spell check patent. They only go after like guys who can't fight back.
- SEJeff 8y ago
  You might want to double check on "your" spell check patent :)
  - johnm1019 8y ago
    His spellcheck works fine, the grammar check is broken. :)
    - mjevans 8y ago
      The English language is broken by design and historical practice with respect to spelling (borrowing when it needed to steal) and grammar; though it may possibly not be as broken as other historical languages. Also, before you propose something like Esperanto; that language appears to be the antithesis of what I'd prefer as a replacement. The general design goals being more: * a 'RISC' (rather than CISC) style use of verbal pallet (pick the most common international phonetics, not a regional 'good enough' set) * purely phonetic spelling and pronunciation (one exact way to spell or say anything and vice versa) * never mutate words for any reason (no tenses, conjugation, etc) * no pronouns (only use proper nouns or descriptive selections) * eliminate filler where possible (the, a, similar non-informational words); this would be more of an accepted grammar shift. If there is a reason for that use then more distinct and/or obvious reasons for using a replacement mechanism should be apparent and taught in standard education.
      - linux2647 8y ago
        Maybe something like Toki Pona? https://en.wikipedia.org/wiki/Toki_Pona https://en.wikipedia.org/wiki/Toki_Pona
        mjevans 8y ago
        It seems close to my goals, but violates one of the main ones related to lowering the entry barrier. All the letter (and sounds) used NEED to be pronounced, the same way, for native speakers of English, French, Russian, Spanish, and also various major (eastern) Asian languages. That means that when an otherwise uneducated (in languages/reading the squiggly version of words from a dictionary) user in one of those languages tries to read one of the words it should sound like only a slight accent, not a major flub. J should never have been used. "14 Latin letters, a e i j k l m n o p s t u w, are used to write the language. They have the same values as in the International Phonetic Alphabet:[38] j sounds like English y, and the vowels are like those of Spanish or Italian. Capital initials are used to mark proper adjectives, while Toki Pona roots are always written with lowercase letters, even when they start a sentence.[39]" -- Edit about the difference in vowels/etc: If there isn't a common ground in notation for symbols, then the writing for the language CAN'T map back to any existing phonetic symbol system either. It MAY use existing non-phonetic symbols and assign new uses for them, but it MUST NOT reuse such symbols that have conflicted mappings in existing languages.
monochromatic 8y ago
They violate the FRCP? Please explain. (Your link is broken.)
- kevin_b_er 8y ago
  The EFF explains it well in the other link. It is the Federal Rules of Civil Procedure 56. I quoted it twice. The Eastern District of Texas requires you to ask permission to file summary judgement, which the judge then can deny without explanation or reasoning. As such, while the rule says you "may move for summary judgement", this is not permitted in this court. It also says you get to hear the reason when the judge denies it. This you also do not get, as the judge will deny your ability to ask for it and the reason out of hand, and without explanation. So we can understand that the first line of rule 56 is a lie in the eastern district of texas.
  - ABCLAW 8y ago
    This is a very good explanation, but it might be missing one note for lay persons. Summary judgement is cheap (well, relative to litigation, that is), fast and occurs early in the development of the lawsuit before the most expensive steps take place. It is a direct competitor to just paying the trolls their settlement amount to stop bothering you.
deleted 8y ago
[deleted]
rudyfink 8y ago
-the article the OP is referring to discusses an old letter briefing requirement in the Eastern District of Texas. That requirement has not existed in patent cases in EDTX since 2016 (https://mcsmith.blogs.com/eastern_district_of_texas/2016/07/letter-briefing-sources-for-more-information-on-the-practice.html https://mcsmith.blogs.com/eastern_district_of_texas/2016/07/...). -As the "mcsmith.blogs" article mentions, the letter briefing process the EDTX had used was recommended by the Federal Judicial Center as a case management strategy in patent cases. -The suggestion that EDTX does not grant summary judgment for patent challengers is incorrect. It granted between ~10-30% of such challenges each year between 2008-2017. (source DocketNavigator - a data aggregator on patent cases). [as an aside, part of the legal standard for summary judgment is that there is "no genuine dispute as to any material fact." This can be difficult to meet in patent cases. For example, think of all the factual questions involved in determining whether a patent is invalid (e.g., has this specific thing ever existed before or is it obvious) or infringed (e.g., does this specific thing meet the limitations of this patent)].
- kevin_b_er 8y ago
  It isn't that they didn't grant or deny, its that they had a 3rd category: FORBIDDEN from asking for summary judgement. This makes the 10-30% number of little meaning, because there's a whole of of summary judgements that got a forbidden marker. They're not in the set of summary judgements granted, because there was no motion. The motion never happened because they were forbidden from being filed. So what's the real percentage? Do we know how many summary judgements never got filed because the judges never let them get filed?
babypuncher 8y ago
Maybe I'm just really dumb, but can't anyone sued in this court just appeal to a higher court that isn't run by renegade turds?
- sirmarksalot 8y ago
  Not a lawyer, but I'd presume the reason a defendant would file for summary judgment would be to avoid the financial burden associated with a meritless case. If summary judgment is rejected, then making an appeal would likely be more expensive than just settling with the plaintiff.
- ABCLAW 8y ago
  If you do not make an argument at first instance, you cannot appeal a judgement on the ground that it was not considered. So you're fighting in the lower court because you need to fight there. Remember, it's the fight that costs money, so no matter what you're always on the hook for something. The question ends up being are you on the hook for the cost of the fight or the cost of paying them off.
- dragonwriter 8y ago
  > Maybe I'm just really dumb, but can't anyone sued in this court just appeal to a higher court that isn't run by renegade turds? Only after the expense of trial (and some people see the Federal Circuit, which hears all patent appeals, as being run by renegades, too), and the appeals process is deferential to the trial court in a number of ways, so this is time consuming, expensive, and still doesn't undo completely any tilt from the trial court.

ironcan 8y ago

Would such a move be enough to not be under the jurisdiction of the Eastern District? Google doesn't have any store there yet that doesn't stop any patent troll.

dublo7 8y ago
Google's army of lawyers and cash reserves keeps patent trolls away. Pt try to go after little and medium companies who don't have the time or resources to fight back. It's way cheaper to write a check and make the problem go away, rather than fight via expensive lawyers or getting audited before the shakedown.
- the_jeremy 8y ago
  One would assume this to also be the case for apple. I definitely would not call them a "medium" company.
- icco 8y ago
  Apple has larger cash reserves than Google. Also Google has spent years buying companies for their patent portfolios to help prevent patent trolls. But also many tech companies are joining groups like LOT Net to help stop this as well. This is just defense in depth.
jjulius 8y ago
The following is an excerpt from the short article you're commenting on: >Residency is also a factor in determining the applicable venue of a patent infringement lawsuit, but in May 2017, the Supreme Court shifted precedent by ruling that a U.S. corporation resides only in its state of incorporation. Apple is incorporated in California, not Texas, satisfying this clause.
- zazen 8y ago
  The relevant excerpt is: >The plans are significant, as U.S. law states that patent infringement lawsuits may be filed "where the defendant has committed acts of infringement and has a regular and established place of business." By closing its stores in Eastern Texas, Apple is ending its established place of business in the district. Moving a store from one district of Texas to another obviously doesn't relate to the question of the state of incorporation/residency.

phire 8y ago

I suspect this won't actually prevent lawsuits in the Eastern district. With internet shopping and the new store just across the district line, lawyers should be able to argue that Apple is indeed doing business in the region. It will just waste a bit of lawyer time. It almost feels like Apple is punishing the region for it's patent troll supporting ways.

giancarlostoro 8y ago
I don't think they expect it to prevent lawsuits, I think they're making a statement.
- S_A_P 8y ago
  agreed. Further if they can convince other tech companies not to pander to this district, they may reconsider their position. This has long been a money play by that judge/lawyers in the area.
- sadris 8y ago
  They should make a statement to Australia and block access and sales to the entire country for their anti encryption law.
  - kstrauser 8y ago
    I think their current statement is "this is dumb and we're ignoring it".
IOT_Apprentice 8y ago
Should they not punish the region? The Eastern district is corrupt.
- otterley 8y ago
  I can't see how it makes sense to punish the customers for the behavior of a Federal district judge who isn't elected by them. (The President appoints Federal judges and the Senate confirms them.)

vfclists 8y ago

The rich irony of a company that patented round corners taking the high moral ground against patent "trolls" or whatever their called

dmitriid 8y ago
They patented the design of iPad which included specifically rounded corners among many other things.
monochromatic 8y ago
Design patents are pretty different from regular utility patents.
sonnyblarney 8y ago
Most patents filed big by corps are protective in nature. It would be hard for Apple to sue people for 'round corners' - but it gives them a moat to protect themselves from trolls who patent 'round corners'. But it does cause problems, because it causes hesitancy in other companies, i.e. 'swipe to unlock' patents etc..
- tooltalk 8y ago
  We are not talking about "most" sane, reasonable companies like Google, Samsung, etc. Apple is historically known for being litigatious, in addition to being the most litigated today: https://www.pcworld.com/article/262202/apple_vs_a_pl_tech_company_sues_online_polish_grocer_over_logo.html https://www.pcworld.com/article/262202/apple_vs_a_pl_tech_co...
  - lostlogin 8y ago
    What is a ‘reasonable’ company? The chairman and heir of Samsung went to prison for corruption. https://www.google.co.nz/amp/s/amp.theguardian.com/world/2017/aug/25/samsung-heir-lee-jae-yong-found-guilty-of-corruption https://www.google.co.nz/amp/s/amp.theguardian.com/world/201...

tooltalk 8y ago

looks like Apple is shopping around. I guess we are going to see more cases landing on the desk of Judge Lucy Koh in the Northern District. Koh is obviously known for her landmark decisions in Apple vs Samsung and other cases that overtly favored Apple. Samsung, for instance, despite having won a ITC case and a SCOTUS decision on limiting damage on design infringement, saw their ITC victory reversed/pardoned by Obama and Apple's hometown jury rewarding almost everything Apple had asked for. Legal observers see it's no coincidence that the FTC filed their on-going antitrust case against Qualcomm in Koh's court, in Apple's front yard.

throwaway_0x00 8y ago
Sounds exactly like what Samsung's secret trolling dept. was spreading a while ago. All "Samsung men" work hard, as the saying goes, eh. It's a well-known "secret" in Korea that Samsung operates trolling department, staffed with full timer employees, salaried with perks, under cover. When an expose was published about 10 years ago, it was claimed the department employed 150 people, but who knows how many now. Posting as a throwaway for obvious reasons.
macintux 8y ago
The litigants decide where to file suit. Apple can't shop for courts when they're the defendant, except in this case by specifically avoiding the jurisdiction of one court that's a dramatic outlier.
- tooltalk 8y ago
  Actually, while it's not common, a change in legal venue is perfectly legal and Apple knows how to play the game (see Google vs Rockstar, which, once upon a time, was Apple's patent trolling operation in the Eastern District of Texas).

_bxg1 8y ago

I grew up in Plano; the Willow Bend location was the "main" one for my area. I think this will sting. On a map it looks like the new location is trivially close-by, but the Galleria is in "Dallas proper", as opposed to the other locations which were deep in suburbia. In other words you have to brave Dallas traffic across the urban sprawl to get to it. It's not a mall people in the suburbs go to to just hang out; it's an outing. On top of that, Plano and Frisco are both relatively wealthy areas with lots of people who really really like their Apple devices. Hopefully this is a wake-up call.

kodablah 8y ago
True, the Galleria parking and 635 area are usually what turn people off (not that Stonebriar and Willow Bend don't have their own problems these days). There are no other upscale malls in the north Dallas region beyond those three, I don't see Apple ending up in the lesser Grapevine Mills or Music City (nee Vista Ridge) malls to serve the area assuming they are within the boundary. But in general, people in the metroplex don't rock the boat and aren't very squeaky wheels. It may hurt a bit, but it won't change anything.
- amyjess 8y ago
  > There are no other upscale malls in the north Dallas region beyond those three Well, there's also NorthPark, but I believe that already has an Apple Store. And I wouldn't really call Stonebriar "upscale". It's basically the only non-upscale mall here that isn't dead or dying.
  - kodablah 8y ago
    > Well, there's also NorthPark Not what I'd consider the north Dallas region. I mean "upscale" in mall-relative terms which is basically just not dead or dying.
    - amyjess 8y ago
      Eh, anything that's north of Loop 12 and west of 75 (and east of some nebulous line west of Inwood) is "North Dallas". NorthPark barely qualifies, since it's on the northwest corner of Loop 12 and 75. But it's all moot because I checked, and Apple already has a store at NorthPark.

kdot 8y ago

I suspect this has more to do with the foot traffic at these two locations.

bluejekyll 8y ago

Here's something I don't quite understand, and where some of this feels a little hypocritical: Apple, the most valuable company in the world, could be working to reform patent law in order to make this a non-issue. Everyone talks about US politics as pay-to-play, it should be possible for Apple, Google, MS, Amazon, etc., to lobby for Software Patents, for example, to be reclassified as "math" and therefor not patentable. If they're actively doing that, then I'm not aware of it. If US policy can be bought and sold as we are led to believe (maybe this is actually a false premise) then you'd think the most valuable companies in the world would be able to change it. What this implies to me, is that they want the existing patent system to work in their favor, i.e. to protect their monopolies against new competitors, but they don't want to deal with the downside of the patent troll abuse. Don't get me wrong, I'm aware of the documented corruption of the court in Texas, and I think it's abhorrent, along with all the trolls, but this feels like a situation where Apple wants it's cake and to eat it too. Shouldn't we just do away with software patents all together and instead rely on copyright law?

smsm42 8y ago
> Everyone talks about US politics as pay-to-play, it should be possible You are assuming that if "everybody talks" about something, it must be true. Unfortunately, it is not often the case.
mrguyorama 8y ago
They don't want to re-define how patent law works because they sometimes use it to their advantage.
- ABCLAW 8y ago
  I think it's more that their legal department is busy with enabling their business. Which is doing well. Typically industry lobbying is performed through industry associations, not by companies themselves. Why would Apple shoulder the burden of the lobbying effort when all of the other tech companies would be happy to ride their coat-tails? Additionally, the political climate re IP lobbying in the past 5 years has been non-optimal to push for changes. Apple has been involved in several very large IP disputes, which makes their involvement look self serving, the AIA was relatively new and some people wanted to wait to see if it would be effective, a new USPTO director came in only a year ago* (prior to which the previous director was very unlikely to make large changes at the end of their mandate), and the current administration is very hostile towards coastal IP-centric business. *Oh, and he's fucking horrible: https://www.ipwatchdog.com/2018/10/19/iancu-risk-takers-patent-troll-narrative-orwellian-doublespeak/id=102474/ https://www.ipwatchdog.com/2018/10/19/iancu-risk-takers-pate...

deeg 8y ago

What's the incentive for Eastern District to be so conducive to patent trolls? Is it otherwise too small to support the judges and staff?

ams6110 8y ago
That would be my guess. Court fees pay for judge and supporting staff salaries, benefits, facilities, perks. They've found a gravy train and will ride it as long as they can.
jamiek88 8y ago
Well they got a Samsung ice rink one year for the town. Which was nice.
quest88 8y ago
Well, IMO, it's very easy to look good in the local community. For example, http://www.personalweb.com/ http://www.personalweb.com/ opened up shop when I was attending school there. They hired (as part-time interns) a bunch of local college students and built the bare minimum. They had small parties and showed up at a lot of community events. They came to my uni to give a presentation to scout for interns. I asked them why they chose their location next to the court house, and they replied because of the patents they had they thought they would be at the courthouse often :).

shmerl 8y ago

Apple are quite infamous as patent aggressors themselves, attacking others even on completely trivial issues that have prior art, so they don't look like a good fit for anti-patent troll hero.

d--b 8y ago

I don’t understand. Most firms that get sued in Texas for patent infringement don’t have mortar and brick shops in Eastern Texas. If it was that easy to avoid infringement lawsuits in Eastern Texas, Eastern Texas would be completely deserted by tech companies, forcing the people there to change their policy.

donarb 8y ago
If you look at the map in the article, you'll see that the Eastern District wraps around to include some of the northern suburbs of Dallas, suburbs that are filled with lots of malls.
modeless 8y ago
Until May 2017, having a physical presence was not a requirement for being sued there. Now because of the Supreme Court ruling referenced in the article, it is. Expect to see more businesses leaving the Eastern District of Texas, and possibly avoiding incorporation in Texas as well since that would also expose you.

untog 8y ago

A powerful move would be for Apple to continue renting the space, but close the store and place posters in the windows explaining exactly why they've left, and why things needs to change. Might light a fire under local politicians.

riffic 8y ago
Starting a war against the judiciary doesn't seem like something the corporate lawyers are going to greenlight.
- ct0 8y ago
  Im sure apple fanboys would love the "street cred" and youtube views for getting involved in supporting their favorite brand.
- CamperBob2 8y ago
  Congress is theoretically supposed to act as a check on the judiciary, at least to the extent they appoint the judges in the first place. It's reasonable to encourage the constituents to provide feedback to their legislators.
gamblor956 8y ago
This would accomplish none of Apple's objectives, since they would remain subject to the jurisdiction of that federal district and the local politicians have no say over a federal judiciary appointment.

denart2203 8y ago

Well, the eastern district of texas gets their just desserts for making it so easy for patent trolls to file there... GG.

unexpected 8y ago
It's just as easy to file in other districts as the Eastern District. Trolls like the Eastern District because of the judges currently sitting on the Eastern District, as well as the caliber of juries in the Tyler area. They're not super educated, easy to manipulate, and have a "well, they wouldn't have filed if they didn't do something wrong" attitude.
MagicPropmaker 8y ago
It’s ״just deserts”. Plus your point is odd. It’s not the filing that’s easier.

kevin_thibedeau 8y ago

This looks like some heavy spin. The only reason why those stores were there was to put a positive spin on Apple in the minds of potential jurors. Same as the Samsung ice rink. The stores don't have a purpose now that reforms have been put in place to inhibit shopping for favorable courts.

kodablah 8y ago
> The only reason why those stores were there was to put a positive spin on Apple in the minds of potential jurors The article may not make it clear, but the malls where the stores are closing are hours (~2h45m or ~170 mi) away from the town (Marshall) where potential jurors reside.

NotAFed 8y ago

This idiotic court must hate money, because I now have absolutely no reason to visit Frisco or spend money there lol.

iakh 8y ago

I couldn't figure out if the first part of the title had anything to do with the latter part of the title. Is Apple closing down its stores because of the recent ruling or was that completely unrelated to why Apple is closing down those stores?

jsmeaton 8y ago
It’s a leap the writer is intending people make, despite the writer not actually knowing the reason.
- tempestn 8y ago
  It's a logical assumption for anyone to make, absent evidence to the contrary. The writer is avoiding stating the cause and effect as fact since she doesn't have proof, but the information provided is relevant.
rincebrain 8y ago
My inference is that if Apple does no business in that jurisdiction, with the recent ruling about patent holders not being able to choose where to file, the patent trolls will have approximately zero chance of that district being approved to weigh in on the patent trolling. It also serves as a detriment to the city, particularly if any other companies follow suit, depending on how much the eastern district earns directly and indirectly on these lawsuits.
- tyingq 8y ago
  I wonder if they'll hang an explanatory note about why they closed in the window.
  - favorited 8y ago
    That wouldn't be smart, because then they'd still have a physical presence in the district. The sooner they can lock the door and terminate the lease, the sooner they get the benefit of not being located there.

Rasyidsugar 8y ago

I am sure that apple has its big reason why it could be done. I guess, Apple has new plan growing their market .. Regard Writer on https://www.tolongtangtugas.web.id https://www.tolongtangtugas.web.id

jmurzy 8y ago

Having recently watched The Patent Scam, I wish more companies would follow suit here and exit EDOT, maybe then people would wake up and demand that these corrupt judges are removed from the bench! edit: correction made per child comment.

mchannon 8y ago
Federal judges aren't the sort that get voted out. They're appointed for life. The degree and direction of corruption within a judge bear a striking resemblance to the president who appoints them.
- HenryBemis 8y ago
  Leaving the political opinions aside (especially since I don't vote in the USA), I believe that USA has one strong/clean/independent Justice system. There is transparency. I don't believe that in many other modern/western countries there is so much attention to the top judges. I understand that people don't like either "Barack", or "Donald", and others before them, especially calling them by their first name as if they are friends or cousins. But just for fun, let's see if anyone from Belgium, UK, Greece, Spain, etc can name 5 top judges. I, for one, cannot :) Sidenote: I'm not a US citizen, nor live in the USA.
  - cameronh90 8y ago
    While this is true, also remember how powerful the US supreme court is. Due to a combination of common law (binding precedent) and an old, difficult to change, ambiguous constitution, the US Supreme Court is arguably even more powerful than the president.
    - vageli 8y ago
      > While this is true, also remember how powerful the US supreme court is. Due to a combination of common law (binding precedent) and an old, difficult to change, ambiguous constitution, the US Supreme Court is arguably even more powerful than the president. To me, this is an amazing aspect of the American justice system. Nine individuals, chosen over a broad range of years, are the last bastion of hope in keeping the current politics du jour from running amok. Nine individuals who were most likely all not chosen by the same person, have multitudinous alignments and bring their various perspectives to the table. When they come together in agreement, it is undoubtedly just given their diversty over the decades. Or at least in theory.

bhartzer 8y ago

The only thing that Apple is doing is getting out of Collin County, Texas--by closing Plano and Frisco locations. If you look here: http://www.txed.uscourts.gov/?q=court-locator http://www.txed.uscourts.gov/?q=court-locator you'll see that Collin County is in Eastern District of Texas. So technically speaking, moving out of Plano and Frisco and moving to Dallas County will solve their patent troll issue.

lightedman 8y ago
No, it won't. DFW is getting bought out, too.
tyingq 8y ago
Plano and Frisco are affluent suburbs though, probably pretty heavily iPhone fans. The local community won't be happy. Traffic is pretty bad, and DFW is sprawling. If I were Apple, I'd make some effort to communicate the reasons to the locals.
- bhartzer 8y ago
  Yes, definitely lots of Apple users in Collin County, and the Willow Bend store and Frisco stores were always packed. Galleria location isn't that far from Plano or Frisco, so I'm sure it won't be a problem. Most probably work in the North Dallas area anyway.

duxup 8y ago

I thought you could file in that district if you just proved there was a customer there who bought something, even online.

bigtex 8y ago

The Plano store was the first one in Texas and 3rd one overall.

univalent 8y ago

Good, I hope this draws the attention of voters in the district. My employer (very large) was sued twice in this court. Both times by trolls. The lawyers basically described this judge as running a ‘cottage industry’ and were unwilling to even set foot in that courtroom. The patents the lawsuits were based on were insane. One of them was on any image compression for medical images which was somehow granted in 2005 (that’s another problem). There was reams of prior art but of course we settled. I was very low on the totem pole of the company but it still pissed me off to no end.

dragonwriter 8y ago
> Good, I hope this draws the attention of voters in the district. It's not an electoral district, but a judicial one, all of whose officials are Presidential appointees, not locally elected. There's a tradition (weaker in the last few decades, especially when the White House is in opposite hands from the Senate seats in the state) of consultation with the Senators of the state containing the district when appointing judges, but in large states (where judicial districts aren't the whole state, as is the case here since it's the Eastern District of Texas and not the [non-existent] plain unmodified District of Texas) that still doesn't provide a special role for “voters of the district” distinct from those of the whole containing state.

mindfulplay 8y ago

Nice now the judges and their sons who got bug fat checks have to face the truth finally: that they might have all the money but they still live in Eastern District of Texas that won't have an Apple store for them to spend their cash on.