7 ms·
Newegg's lawyer is supurb. Even factoring Marshall, TX into account, I'd give them decent odds.
by Natsu 13y ago
Newegg's lawyer is supurb. Even factoring Marshall, TX into account, I'd give them decent odds.
- hga 13y agoI've been reading lately that the East Texas "Rocket Docket" now has so much experience with patent lawsuits that it's no longer easy for undeserving plaintiffs to win.
- Natsu 13y agoI haven't heard of anything that made it sound defense-friendly to me, what were your sources on that? The closest I can come were some win rate statistics where the settlement rate was not factored in, making the figures potentially misleading.
- hga 13y agoSorry, I don't follow this field closely and it was some time ago. Could be entirely wrong, I don't recall whatever I read as citing statistics.
- Natsu 13y agoDamn, was hoping for more reading material :)
- hga 13y agoWell, the net is your friend, e.g. this search: https://www.google.com/search?q=%22east+texas%22+or+%22rocket+docket%22+defense https://www.google.com/search?q=%22east+texas%22+or+%22rocke... Lead to this first article: http://arstechnica.com/tech-policy/2013/01/east-texas-courts-are-back-on-top-for-patent-lawsuits/ http://arstechnica.com/tech-policy/2013/01/east-texas-courts... from the beginning of the year that adds a lot of details and nuance to the story. E.g. it's not a Rocket Docket anymore, not defense friendly in that summary judgement is seldom granted, trials are quick which can present difficulties in multi-defendant cases, but plenty of plaintiffs are losing big, like in the Eolas case. 4 day trial, found invalid, game over.
- throwawaykf 13y agoAlso see "Where to file your patent case" by Mark Lemley.
- drzaiusapelord 13y agoThis isn't about experience, but ideology. Conservative districts look very favorable on plantiffs in IP trials as they equate IP with real property and are largely non-technological.
- hga 13y agoRather obviously if you believe, correct or not, that someone is stealing your properly, you're not going to seek out districts infested with liberals who believe that property is theft. They're also more likely to respect the rule of law embodied in our Constitution, which of course has an intellectual property clause. As for "largely non-technological", at this level I think pretty much every district is going to be the same, especially after each side rejects any domain experts or thereabouts that might be in the pool.
- seestheday 13y agoI think that assuming most liberals believe "Property is theft" is a little extreme. That is a statement/sentiment I have only heard from people who self identify as anarchists.
- hga 13y agoIt's a little extreme indeed---I mean, it was a rhetorical flourish, something hopefully signaled with the weighted "infested"---but I've heard it from non-anarchists and not extremely radical friends in times past. And look at how many on this site deny the legitimacy of intellectual property. But perhaps my wording wasn't clear: I meant to limit it to "liberals" who are of the "property is theft" persuasion, or at least fairly strong in that direction.
- deleted 13y ago[deleted]
- yetanotherphd 13y agoI think this article (in which mainstream economists prove themselves the most "disruptive" of all) also makes that point very well 'supporters of free market like private property, and patents and copyright are intellectual “property”. Hence, strengthening them is ideologically and politically consistent with the general principle that “private property is good for growth” ... [But patents are] not a “property” right but rather a “monopoly” right' http://research.stlouisfed.org/wp/2012/2012-035.pdf http://research.stlouisfed.org/wp/2012/2012-035.pdf