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Being sued, in East Texas, for using the Google Play Store [video]

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Re: Being sued, in East Texas, for using the Google Play Store [video]

#181
post #173

Earlier quoted context omitted.

I'm one of those hated attorneys. And, in my experience, while there are issues that sometimes may seem to outsiders like pointless minutae that keep people from getting at the real issues, the rules of civil procedure (especially at the federal level) are designed to do exactly what you want: to facilitate getting to the core of the issue as fast as possible (of course, if the core of the issue is a factual question…

Wow, a real patent lawyer in a patent law thread. You don't belong here, but I'll upvote whatever you have to write. I have a comment and a question: The comment. Summary judgement does not accomplish what I think sheepleherd was proposing. As you say, if you get a summary judgment against you, you go home. That means that a judge has to be convinced that there is definitely no case in order to issue one. What's need…

Well, first of all, I have to confess: I'm not a patent lawyer. I'm a regulatory lawyer.

And, just so we have our terminology straight, summary judgment is actually different from the motion-to-dismiss phase I was describing. In super simple terms, the latter happens after the parties have has the chance to gather evidence and seeks to determine whether it is legally possible for a party to win at trial. Therefore it occurs late in litigation, after parties have already spent a lot of money (but still before trial). The former typically occurs before evidence is even gathered to determine whether the plaintiff could legally win even if all of his or her allegations were factually true.

As for the threshold fee-shifting idea: I think it's probably not a good one. There are cases where it could help, but if the judge gets her threshold determination wrong, then it makes life even harder for a less wealthy litigant. The simplest solution, which many countries have implemented, is simply a loser pays system for legal fees. I'm not sure this is ideal either, but I think it is at least better.

There also is usually a possibility that the judge could require the loser to pay after the fact, if she determines that the case was especially un-meritorious. Another possible reform would be to loosen the standard that judges apply in choosing whether to award fees in this way.

Re: Being sued, in East Texas, for using the Google Play Store [video]

#182

Earlier quoted context omitted.

I guess I am stupid, why isn't Google the defendant, other than the fact they have too much money. This is like being sued for shopping at the wrong store.

The problem is that the "patent" (fucking loose term of the word for something that should never have been allowed to be filed) is about the use of the code in question. It's not the App Store that is supposedly infringing, it's the use of the App Store. What a joke.

Doesn't Google use the Play Store to distribute their own apps like Sheets, Docs, Drive etc.

Re: Being sued, in East Texas, for using the Google Play Store [video]

#183

Earlier quoted context omitted.

> one of the first things the rules would have you do is to file a motion to dismiss arguing exactly those points. Great! How much would getting to that point typically cost a defendant in the case of a fairly obvious bullshit patent?

Possibly quite a bit, if you want it done well. And that's a problem. But that has little to do with the point I was making.

Where do the "quite a bit" costs come from then, if they don't come from the arcana?

Re: Being sued, in East Texas, for using the Google Play Store [video]

#184
While I applaud what Austin Meyer is doing by raising awareness about patent trolls, does anyone here but me wish that the content had been made available in some sort of text medium instead? I can't think of any important parts of the video that couldn't have been reasonably conveyed through the use of text.

Re: Being sued, in East Texas, for using the Google Play Store [video]

#186

I find it oddly funny how Google hasn't stepped in to support their "clients", I'd think they'd help shutdown patent trolls so developers can continue to improve and distribute applications

Seriously - what the fuck Google? It's only a matter of time until a patent troll writes a for loop on the store index to send out infringement suits DMCA-takedown style.

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Re: Being sued, in East Texas, for using the Google Play Store [video]

#187

Earlier quoted context omitted.

Possibly quite a bit, if you want it done well. And that's a problem. But that has little to do with the point I was making.

Where do the "quite a bit" costs come from then, if they don't come from the arcana?

Not really. They usually come from the fact that legal services are just exceptionally expensive. This, in turn, is largely driven by the fact that, for companies with a lot of money and a lot at stake, legal services are also exceptionally valuable. This drives up rates across the entire industry.

There are other dynamics as well, but I think this one dominates.

Re: Being sued, in East Texas, for using the Google Play Store [video]

#188

I find it oddly funny how Google hasn't stepped in to support their "clients", I'd think they'd help shutdown patent trolls so developers can continue to improve and distribute applications

Seriously - what the fuck Google? It's only a matter of time until a patent troll writes a for loop on the store index to send out infringement suits DMCA-takedown style.

> It's only a matter of time until a patent troll writes a for loop on the store index to send out infringement suits DMCA-takedown style.

Perhaps a competing troll owns the iteration patent.

Re: Being sued, in East Texas, for using the Google Play Store [video]

#189

I find it oddly funny how Google hasn't stepped in to support their "clients", I'd think they'd help shutdown patent trolls so developers can continue to improve and distribute applications

Seriously - what the fuck Google? It's only a matter of time until a patent troll writes a for loop on the store index to send out infringement suits DMCA-takedown style.

That would almost assuredly force Google to get involved. I think it's more likely that they will continue to sue just a few small time developers here and there to try and keep things under the radar.

Re: Being sued, in East Texas, for using the Google Play Store [video]

#190

A comment from a reddit thread states: The gist behind this case is that the Judge's son owns patent law firm in East Texas where they often represent both sides. This guy doesn't live in East Texas. However, the dad lets these stupid cases into the town to bring business to his son. Really shady. I agree with clavelle's comment. It's not so much the laws, but the system that allows this to occur. Link here: https://…

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