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[News] Car Rental Analogy for Patent Trolls

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Patent trolls and rental car companies

,----[ Quote ]
| I was at an event this morning where the subject of so-called "patent trolls" 
| came up (see also an earlier posting). Trolls are creatures who live under 
| bridges and demand payment from travelers who wish to cross the bridge. 
| Patent trolls are companies and/or individuals who buy patents for the 
| purpose of making money off of infringement claims (rather than for the 
| purpose of marketing/developing the invention). As such, trolls are a 
| subcategory of (and take the organizational form of) the patent holding 
| company. A good example of a patent holding company is Royalty Pharma, which 
| makes its money off of the royalty stream. However, defining a troll, and 
| differentiating it from a holding company, is sometimes tricky.         
`----

http://www.athenaalliance.org/weblog/archives/2008/10/patent_trolls_and_rental_car_companies_1.html


Recent:

5th Circuit Ruling Shoots Down IP Rocket Docket

,----[ Quote ]
| Companies being sued for patent infringement just got a
| get-out-of-the-Eastern-District-of-Texas-rocket-docket-for-free card, thanks
| to an en banc ruling from the 5th Circuit.
|
| In a split 10-7 decision, the panel on Friday issued a writ of mandamus
| ordering Eastern District Judge John Ward to transfer a product liability
| case against Volkswagen to Dallas, where the car crash in the underlying case
| took place.
|
| The majority wrote that "the district court clearly abused its discretion and
| reached a patently erroneous result," when it denied Volkswagen's efforts to
| have the case moved. The car company argued that the proper venue should be
| the district where the crash took place.
|
| Although the case -- a family suing over design defects in the Volkswagen
| Golf after a fatal accident on a Dallas freeway -- has nothing to do with
| patent law, the circuit's decision will have big implications for the flood
| of patent infringement lawsuits regularly filed in what has come to be known
| as the country's most plaintiff-friendly venue.
`----

http://www.law.com/jsp/article.jsp?id=1202425247575


Will the 5th Circuit Ground an Eastern District of Texas Rocket Docket?

,----[ Quote ]
| In a mandamus case that could significantly alter one of the hottest federal
| civil dockets in Texas, the full 5th U.S. Circuit Court of Appeals heard
| arguments on Thursday over whether a trial judge's discretion should be
| limited when a party moves to transfer venue.
`----

http://www.law.com/jsp/article.jsp?id=120242164075
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