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It's a Federal court -- you can't avoid jurisdiction just by not doing business in TX. My understanding is that it's the trolls that open offices in Tyler just
by bstpierre 14y ago
It's a Federal court -- you can't avoid jurisdiction just by not doing business in TX.
My understanding is that it's the trolls that open offices in Tyler just so that they can file the suit in that district. I.e. the plaintiff is dragging the defendant into TX, and the defendant can't avoid that court.
- sthu11182 14y agoIt is a little bit more complicated than that. Transferring out of EDTX has been easier since the Fed Cir granted mandamus in In re TS Tech and its progeny (which was based on a 5th Cir decision, In re Volkswagen). The case law is still developing, but patent trolls are having a slightly more difficult time staying in EDTX. http://patently-useless.tumblr.com/ http://patently-useless.tumblr.com/
- talmand 14y agoYes, there's been a few reports where someone will investigate the "offices" of the patent troll and it becomes quite clear that no one is actually there. They are just renting the door for the address, more or less. I believe rental properties catering to this is a booming business in a few districts across the US.
- rayiner 14y agoAny court, federal or otherwise, has to have personal jurisdiction over the defendant (http://en.wikipedia.org/wiki/Personal_jurisdiction#Principles_of_personal_jurisdiction_in_the_United_States http://en.wikipedia.org/wiki/Personal_jurisdiction#Principle...). The rules are somewhat complex, but it should at least theoretically be possible to avoid being hauled into court in EDTX by not doing business there, blocking customers from there, etc.