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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]

#391

Someone with money and lawyers needs to sue the state of Texas for allowing a father and son duo to practice in such a conflict of interest fashion. This is a clear cut case of corruption.

Suing the state to stop patent lawsuits is not going to work. Hiring an army of lobbyists and giving campaign donations liberally might work though.

You're suggesting to use one systemic corruption to fight the other! That might solve the one problem in the short term (maybe), but legitimizing that sort of strategy for affecting change just means that in the end the most corruptest one with the biggest army of lobbyists and campaign donations is going to call the shots. Hey it's your country, but maybe just think about that for a second.

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

#392

Earlier quoted context omitted.

I have no idea! I'm not a corporate lawyer. And, frankly, I'm not surprised that it took a fair amount of legal work to figure out the answer. I, like you I take it, have the intuition that the answer should be "no." But I'm also not confident that the answer is not "yes." If the answer is "yes," I'd say the odds are 50/50 that there is a good reason behind it. (If, as one should, you count as a good reason "there is…

There is no answer, there is no law, no standard, no precedent, which any "unusually sophisticated" lawyer looking at it for a few minutes would realize. But instead of informing the "unusually sophisticated" court honestly "hey, I had this idea, but I researched it and it doesn't look like there is anything directly applicable" (you know, truth, whole truth, nothing but, and no standing by while the court is misled)…

> Lawyers have huge laundry lists of these ideas they get to spitball, except they get paid to do it, the more they spitball the more they get paid

This is a pretty weird way to look at it. I would have thought it went more like this: opposing lawyers come up with some clever arguments to oppose your claim. One of them, I take it, was that the signatures on the petition were not valid because the word "certify" did not appear. Because the lawyers on the other side made this argument, your lawyers had to respond to it to reduce the chances that you would lose the case. Presumably the judge did not rule on that particular question because you wound up losing the case on some other ground (or settling). Is that right?

I should also add: I'm not here to argue that lawyers are always good at their jobs and that they always give issues the attention they deserve (no more and no less). This sort of risk assessment is a big part of the job, and it's not always easy. And when there is a lot of money involved, it can be rational to spend a lot of money to address relatively small risks. It could also have been that the certification question was a stupid one that your lawyers should only have spent an hour or two on. But instead, through poor judgment or something else, chose to go waaaay down the rabbit hole. I have no idea. But these things do happen. Lawyers are people, after all. One particular set of lawyers' poor judgment (if that is indeed what actually happened) is not a deep flaw in our legal system.

(By the way: what does the Constitutional "Right to Petition" have to do with any of this? I hope you don't think it has anything to do with your shareholder petition case, since the Constitution only protects your right to "petition the GOVERNMENT for a redress of grievances." It doesn't protect your right to bring a shareholder petition, and it most certainly does not protect your right to win every lawsuit that you think you're entitled to win.)

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

#393

Would incorporating your tech company in England instead of the USA protect your company from these patent troll lawsuits? It's extremely easy to start a company based in England, even as a US citizen living in the USA. With the patent trolling this out of control in the US at the moment, would basing your company abroad offer you any protection?

No.

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

#394

Earlier quoted context omitted.

And I meant to give an earnest answer! If you are the defendant in a relatively simple patent case, where the patent is clearly invalid, the right procedural move is probably a motion to dismiss, which could come right at the beginning of the litigation. But merely drafting that motion will be costly, simply due to the cost of legal services. EDIT: Of course, it often is not actually clear whether a patent is valid a…

Ok, i guess you simply underestimated just how little the layman knows. :D > drafting that motion I'm going by this particular case, where the patent is obvious and patent bullshit. I would imagine that here a motion would be a form letter that could be handled in less than an hour? (Going by experiences in the german law system where i've seen a form letter to an unpaying client go out, cost and take effect, for hal…

Whether you want to just rely on a short letter is, I guess, a matter of your appetite for risk. Ideally you would at least provide some argument about why the patent is unenforceable. (In fact, most jurisdictions have rules that require this sort of explanation.) And this would be framed knowing that the other side will have potentially very talented lawyers arguing that it is enforceable.

Since you don't get to file an unlimited number of motions to dismiss on the same topic (for obvious reasons), most litigants find that they want to put a substantial amount of effort into making their case as persuasive as possible before a judge sees it, even if the matter is fairly straightforward. It's the lawyer's job to help the client understand these levels of risk, and the client's job to decide how much money he wants to spend, given those risks.

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

#395
post #33

Earlier quoted context omitted.

That helps, but the judge working cases his son's law firm also works is pretty bad too.

To be clear, Meyer does not allege anything of that sort in the clip. He says, "Bo Davis is a lawyer in the Eastern District of Texas that represents patent trolls and their victims. Bo Davis is Judge Leonard Davis's son working a law practice in the very same district in which his father is a judge. So, if Judge Leonard Davis can encourage more patent trolls to bring more lawsuits into the Eastern District of Texas,…

Good points, thanks for clearing that up.

The bit about "specific bias" is interesting. I wouldn't assume that the judge is biased for or against patent trolls, but his position gives him reason to be biased for patent trolling, which isn't quite the same. It would be to the advantage of his son to make a big deal out of cases which don't deserve it. Accepting cases about ridiculous patents would do that, as would encouraging trials for patent cases which are obviously legitimate.

Whether that's happening or not I have no idea, but he clearly has an incentive to keep things stirred up in this area.

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

#396

A while back, I did some research into patent trolls, and came across the history of NPE firms that do DPA (defensive patent aggregation), like RPX [0]. What surprised me from a game theoretical perspective was how murky things got. These situations can be tough on entrepreneurs and seem to create space for said entrepreneur to purchase protection in the form of patent aggregation to mitigate against potential devast…

I came from an European country, and the root cause seems pretty clear to me: why defending yourself in court is so damn expensive? In my country, you don't often need an attorney (although for complex cases you certainly do), but even if you do hire an attorney, they cost way, way less. Like $20,000 for a complex case, and it's going to be a team of lawyers. Also, companies just don't sue each other that often. I do…

I'm reading this thread with a similar wonder: they seem to be blaming everything but the broken legal system.

Google should fix it, East-Texas should fix it, Texas should fix it, donation to legal funds should fix it, insurance should fix it, more campaigning and lobbying should fix it, we should let them fight to the death that will fix it!

Hmhm. Quite :)

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

#397

Earlier quoted context omitted.

I came from an European country, and the root cause seems pretty clear to me: why defending yourself in court is so damn expensive? In my country, you don't often need an attorney (although for complex cases you certainly do), but even if you do hire an attorney, they cost way, way less. Like $20,000 for a complex case, and it's going to be a team of lawyers. Also, companies just don't sue each other that often. I do…

I'm reading this thread with a similar wonder: they seem to be blaming everything but the broken legal system. Google should fix it, East-Texas should fix it, Texas should fix it, donation to legal funds should fix it, insurance should fix it, more campaigning and lobbying should fix it, we should let them fight to the death that will fix it! Hmhm. Quite :)

> I'm reading this thread with a similar wonder: they seem to be blaming everything but the broken legal system.

Except they are blaming the legal system, as you yourself enumerate:

> more campaigning and lobbying should fix it

Campaigning and lobbying are ways of effecting change to the system of laws.

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

#399

Can these services just be disabled in East Texas to avoid their jurisdiction? At the very least, it would force the patent trolls into more neutral territory.

Wouldn't work. The plaintiff only needs to show a nexus to the venue; all they have to do is open an office there to achieve that.

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

#400

Earlier quoted context omitted.

According to the wikipedia page for the Eastern District of Texas both of the judges he names are retired from the court, one in 2011 and one in 2015. How does he claim in 2016 that these judges are presiding on his case and cases like it?

Perhaps they are on senior status: https://en.wikipedia.org/wiki/Senior_status

No, they both show as retired from the court. They're both in private practice now.
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