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The TL;DR is that the patent system is horribly broken and this is a shell company from East Texas trying to take the VC money of a hot new startup (among other
by Natsu 14y ago
The TL;DR is that the patent system is horribly broken and this is a shell company from East Texas trying to take the VC money of a hot new startup (among others).
The more interesting question is whether or not they'll get stuck in EDT or not. People have found several tricks to escape that particular jurisdiction only to have the trolls invent new counters. It sounds like they've filed a Declaratory Judgement action here, but it's hard to tell. But DJAs can be quite complicated[1]. So you can practically have your case dismissed as not yet "ripe" only to have them turn around and sue you in a jurisdiction where they can get money out of you fast (usually East Texas).
What I'd like to know from grellas is whether this particular DJA appears likely to succeed? Because I wouldn't be surprised any more to see it fail due to some oddball procedural trick, only to have them file suit in their home court the very next day. I even remember one time where a patent troll even abused a quirky local court rule in East Texas to file a day early and gain priority. In fact, I think that was complications arising out of that case that led to the shuttering of the excellent Patent Troll Tracker blog.
[1] See, e.g. http://www.patentlyo.com/patent/2012/03/3m-v-avery-walking-the-line-of-declaratory-judgment-jurisdiction.html http://www.patentlyo.com/patent/2012/03/3m-v-avery-walking-t...