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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]

#221

Post by [deleted] »

knorker wrote: post #98
joshuaheard wrote: post #81

A couple of misconceptions in this video. Patent infringement is not a crime. A son lawyer appearing in front of his judge father would not be allowed for conflict of interest in most circumstances. That being said, patent trolling is obviously a problem, and legislation to fix the problem is making its way through Congress.

1) Did he say crime? I don't think he ever did. 2) He never said the son appeared in front of his judge father. I'm almost 100% on that too. So misconceptions in what you misheard, I guess.

[deleted]

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

#222

Post by shasta »

pdabbadabba wrote: post #181
shasta wrote: post #173

Earlier quoted context omitted.

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…

Patent lawyer or no, you're still more qualified than the average participant.

I'm not sure what criteria you're using to judge that the proposal would be worse for a less wealthy litigant. Surely the proposal would be better in cases where one side is clearly right? The cost of patent litigation is currently huge. The only way a non-wealthy litigant can participate is with lawyers on contingency. No?

But I suspect fixing the legal costs is only a part of the patent problem. My understanding is that cases like the OP regularly go to verdict and find for the troll.

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

#223

Post by joshuaheard »

knorker wrote: post #98
joshuaheard wrote: post #81

A couple of misconceptions in this video. Patent infringement is not a crime. A son lawyer appearing in front of his judge father would not be allowed for conflict of interest in most circumstances. That being said, patent trolling is obviously a problem, and legislation to fix the problem is making its way through Congress.

1) Did he say crime? I don't think he ever did. 2) He never said the son appeared in front of his judge father. I'm almost 100% on that too. So misconceptions in what you misheard, I guess.

He said crime.

If the son is not appearing in front of the judge, then the judge's rulings don't benefit the son in any way. If you are arguing the judge's ruling is somehow affecting the reputation of the court and attracting cases, the lawyers know it is only that judge, unless you are implying some sort of conspiracy among the federal judges to be patent troll-friendly.

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

#225

Post by doktrin »

optimiz3 wrote: post #174
hhsnopek wrote: post #172

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.

Absolutely. At least Apple pledged nominal, vocal support when their developers were being similarly threatened.

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

#227

Post by Esau »

hhsnopek wrote: post #172

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

Agreed. They should fight this patent, especially since Be Inc. had an online app store back in 1999.

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

#229

Post by 300bps »

6stringmerc wrote: post #28

So, no attempts to bring Davis in front of the Texas BAR association for unethical practices? I'm also curious why numerous developers have not demanded an Insurance Protection Product / Plan that would take a premium in return for subrogation (defense) if a frivolous Patent Suit is filed. I'm rather certain the market exists and while it may be for larger businesses or players, developers forming a Mutual Company an…

How would the insurance policy differentiate between patent trolling and legitimate patent abuses? Because I could foresee a company purchasing this insurance and then willy-nilly violating patents to their hearts content.

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

#230

Post by CamperBob2 »

davesque wrote: post #129
curiousgal wrote: post #27

I'm no advocate of violence but this makes you wonder about the ethics of beating such guys up. The legal system seems pointless.

You're wondering about the ethics of beating someone up to get what you want?

My view is admittedly a bit on the extreme side (to put it mildly) but I'd see it as similar to hunting Somali pirates or Congolese poachers for sport. There are things a human can do to set themselves apart from the rest of humanity, and patent trolling is one of them.

Patent trolls don't rise (sink) to the level of child molesters, serial killers or ISIS terrorists, but still... I wouldn't shed any tears if something really bad happened to these people, whether by accident or design. They attack the best of us while contributing nothing. We don't need them.

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