RIM Asks Why Visto's Patent Suit Is Being Filed In Marshall, Texas?
from the good-question dept
It's really not much of a surprise that, following Visto's decision to sue RIM for patent infringement, that RIM would sue Visto back, claiming that the patents are invalid (claiming that there's clear prior art) and that even if they are valid, RIM doesn't infringe. However, what's interesting is that as part of the suit, RIM is asking to move the case out of the court in Marshall, Texas, and over to Dallas -- where their US headquarters are based. Visto, of course, is based in California, but still filed the suit in East Texas, because of the court there. We've already talked about how patent holders love to file their patent lawsuits in the small town of Marshall, Texas, as the court has proven to be remarkably friendly to patent holders. Those who know their patent system history will note that there was a similar situation a few decades ago resulted in a change to patent laws, after patent holders would rush to file infringement lawsuits in specific district courts, thought to be friendlier to patent holders. To avoid that problem, the system was changed so that all appeals on patent cases went to a centralized appeals court. However, since there's so much pressure for those sued to settle patent infringement cases without having to go through multiple levels of the judicial system, there is still clearly forum shopping at the initial lawsuit level. When the filers are clearly picking jurisdictions based on nothing more than their propensity to rule in the patent-holder's favor, there's clearly a problem with how the system is working.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Reader Comments
Subscribe: RSS
View by: Time | Thread
spoken like a true lawyer
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
reading comprehension
[ link to this | view in chronology ]
Let's not let Techdirt's problems be our problems
[ link to this | view in chronology ]
Huh?
[ link to this | view in chronology ]
Duh?
[ link to this | view in chronology ]
[ link to this | view in chronology ]
and so the argument ends
[ link to this | view in chronology ]
I have to have the last word
[ link to this | view in chronology ]
um?
[ link to this | view in chronology ]
CAFC
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Techdirt living in Neverland
[ link to this | view in chronology ]
So what?!?
[ link to this | view in chronology ]
symptom not problem
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
so you're saying
[ link to this | view in chronology ]
reading comprehension
[ link to this | view in chronology ]
Duh
[ link to this | view in chronology ]
[ link to this | view in chronology ]
The Vultures Are Circling
I say reform the USPO, ban software patents, ban patents on "ideas" that haven't been developed into a product yet, and allow patents to expire like copyrights so if nobody renews them they become public domain.
[ link to this | view in chronology ]
crackberries? the new cocaine?
I detest IP companies that do nothing, but applaud anyone who challenges this scurge on technology.
[ link to this | view in chronology ]
Re: crackberries? the new cocaine?
[ link to this | view in chronology ]
wrong
who will sue them next?
why does everyone sue RIMM and not any of their competition
is it because they are a canadian company?
is patent lawsuit the new american way?
[ link to this | view in chronology ]
[ link to this | view in chronology ]