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Apple to Close Stores in Eastern District of Texas to Fight Patent Trolls

macrumors.com

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Re: Apple to Close Stores in Eastern District of Texas to Fight Patent Trolls

#51

Post by otterley »

mbrameld wrote: post #26
otterley wrote: post #11

Earlier quoted context omitted.

I can't see how it makes sense to punish the customers for the behavior of a Federal district judge who isn't elected by them. (The President appoints Federal judges and the Senate confirms them.)

The customers elect people who can influence the president.

The damage is done, though. Federal judges are appointed for life, and only a higher Court (again, whose judges are appointed for life by the President) can overturn their judgments.

There is literally nothing the customers can do to change the outcome -- even through the electoral or political process -- except by petitioning Congress to change patent law.

Re: Apple to Close Stores in Eastern District of Texas to Fight Patent Trolls

#52

Post by ams6110 »

deeg wrote: post #44

What's the incentive for Eastern District to be so conducive to patent trolls? Is it otherwise too small to support the judges and staff?

That would be my guess. Court fees pay for judge and supporting staff salaries, benefits, facilities, perks. They've found a gravy train and will ride it as long as they can.

Re: Apple to Close Stores in Eastern District of Texas to Fight Patent Trolls

#54

Post by hnbroseph »

monochromatic wrote: post #42
hnbroseph wrote: post #32

Earlier quoted context omitted.

goodness me. i always chuckle at these kinds of reductive strawmen.

In between chuckles, maybe you can explain the corruption charges to me.

seems like a question for the other person, unless you're not really interested.

Re: Apple to Close Stores in Eastern District of Texas to Fight Patent Trolls

#55

Post by d--b »

I don’t understand. Most firms that get sued in Texas for patent infringement don’t have mortar and brick shops in Eastern Texas.

If it was that easy to avoid infringement lawsuits in Eastern Texas, Eastern Texas would be completely deserted by tech companies, forcing the people there to change their policy.

Re: Apple to Close Stores in Eastern District of Texas to Fight Patent Trolls

#56

Post by zazen »

jjulius wrote: post #34
ironcan wrote: post #4

Would such a move be enough to not be under the jurisdiction of the Eastern District? Google doesn't have any store there yet that doesn't stop any patent troll.

The following is an excerpt from the short article you're commenting on: >Residency is also a factor in determining the applicable venue of a patent infringement lawsuit, but in May 2017, the Supreme Court shifted precedent by ruling that a U.S. corporation resides only in its state of incorporation. Apple is incorporated in California, not Texas, satisfying this clause.

The relevant excerpt is:

>The plans are significant, as U.S. law states that patent infringement lawsuits may be filed "where the defendant has committed acts of infringement and has a regular and established place of business." By closing its stores in Eastern Texas, Apple is ending its established place of business in the district.

Moving a store from one district of Texas to another obviously doesn't relate to the question of the state of incorporation/residency.

Re: Apple to Close Stores in Eastern District of Texas to Fight Patent Trolls

#57

Post by kodablah »

_bxg1 wrote: post #36

I grew up in Plano; the Willow Bend location was the "main" one for my area. I think this will sting. On a map it looks like the new location is trivially close-by, but the Galleria is in "Dallas proper", as opposed to the other locations which were deep in suburbia. In other words you have to brave Dallas traffic across the urban sprawl to get to it. It's not a mall people in the suburbs go to to just hang out; it's…

True, the Galleria parking and 635 area are usually what turn people off (not that Stonebriar and Willow Bend don't have their own problems these days). There are no other upscale malls in the north Dallas region beyond those three, I don't see Apple ending up in the lesser Grapevine Mills or Music City (nee Vista Ridge) malls to serve the area assuming they are within the boundary.

But in general, people in the metroplex don't rock the boat and aren't very squeaky wheels. It may hurt a bit, but it won't change anything.

Re: Apple to Close Stores in Eastern District of Texas to Fight Patent Trolls

#58

Post by tooltalk »

macintux wrote: post #48
tooltalk wrote: post #18

looks like Apple is shopping around. I guess we are going to see more cases landing on the desk of Judge Lucy Koh in the Northern District. Koh is obviously known for her landmark decisions in Apple vs Samsung and other cases that overtly favored Apple. Samsung, for instance, despite having won a ITC case and a SCOTUS decision on limiting damage on design infringement, saw their ITC victory reversed/pardoned by Obama…

The litigants decide where to file suit. Apple can't shop for courts when they're the defendant, except in this case by specifically avoiding the jurisdiction of one court that's a dramatic outlier.

Actually, while it's not common, a change in legal venue is perfectly legal and Apple knows how to play the game (see Google vs Rockstar, which, once upon a time, was Apple's patent trolling operation in the Eastern District of Texas).

Re: Apple to Close Stores in Eastern District of Texas to Fight Patent Trolls

#59

Post by Aloha »

zazen wrote: post #56
jjulius wrote: post #34

Earlier quoted context omitted.

The following is an excerpt from the short article you're commenting on: >Residency is also a factor in determining the applicable venue of a patent infringement lawsuit, but in May 2017, the Supreme Court shifted precedent by ruling that a U.S. corporation resides only in its state of incorporation. Apple is incorporated in California, not Texas, satisfying this clause.

The relevant excerpt is: >The plans are significant, as U.S. law states that patent infringement lawsuits may be filed "where the defendant has committed acts of infringement and has a regular and established place of business." By closing its stores in Eastern Texas, Apple is ending its established place of business in the district. Moving a store from one district of Texas to another obviously doesn't relate to the…

Having a location in that District is creating a nexus - you end up having legal residency in that location

Re: Apple to Close Stores in Eastern District of Texas to Fight Patent Trolls

#60

Post by mfarris »

monochromatic wrote: post #42
hnbroseph wrote: post #32

Earlier quoted context omitted.

goodness me. i always chuckle at these kinds of reductive strawmen.

In between chuckles, maybe you can explain the corruption charges to me.

Dozens if not hundreds of articles have been written about corruption around patent trolling in the Eastern District of Texas.

You have everything you need to seek those articles out. Asking others to do simple tasks for you indicates a desire to waste their time. It could fairly be interpreted as... trolling.

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