Eolas' Convenient Move To Texas

from the oh-look-at-that... dept

Mon, Oct 12th 2009 6:52pm — Mike Masnick

Last week, we noted that Eolas had received a new patent, a continuation on its browser plug-in patent, and appears to be claiming that it applies to most forms of web embeds, and has sued a ton of big name companies. While most were big name websites (Google, Yahoo, eBay, etc) there were a few that were odd, including retailer J.C. Penney and IT services provider Perot Systems (in the process of being bought by Dell). Well, the ever resourceful Joe Mullin points out that, of course, these firms just so happen to be located in Texas, which helps Eolas come up with a reason why its lawsuit should be in Texas. Even more interesting? Eolas -- despite coming out of UC Berkeley, and basically being one guy who's now based in Chicago -- conveniently reincorporated in East Texas. Wonder why? Especially, with judges now transferring at least a few of the many East Texas patent trials to more convenient locations, East Texas lawyers are coming up with all sorts of neat tricks to convince judges to keep the lawsuits right there.

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Filed Under: east texas, patents
Companies: eolaa, j.c. penney, perot systems

11 Comments

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..., 12 Oct 2009 @ 7:18pm

Will they be purchasing a bull next ?
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Dark Helmet (profile), 12 Oct 2009 @ 7:21pm

We're all thinking it...
It's moves like this that make Machiavelli's Benevolent Prince so attractive.

Look, I love freedom as much, or more, as the next person, but tell me in a situation like this you wouldn't want some benevolent, reasonable, all powerful (helmeted?) authority to pick this Eolas scab off the American Judicial system and flick it into the ocean...
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Anonymous Coward, 12 Oct 2009 @ 7:38pm

Re: We're all thinking it...
Are you offering your "services"? :)
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Dark Helmet (profile), 12 Oct 2009 @ 8:25pm

Re: Re: We're all thinking it...
I could be persuaded...
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Anonymous Coward, 12 Oct 2009 @ 8:41pm

Why do the courts allow this?
I wonder why the court system allows the East Texas district to make a mockery of justice as it does in these patent cases. The legal system in East Texas has all but taken out advertisements to entice IP holders to file there. This type of thing goes on, but when it is this open it makes the entire legal system look bad.
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Anonymous Coward, 12 Oct 2009 @ 9:47pm

Re:
Someone (Angry Dude, maybe?) holds a patent on that process, sorry.
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Enrico Suarve, 13 Oct 2009 @ 12:48am

I can see this backfiring
There's a lot of legitmate big business in Texas and likewise theres bound to be some with influence in the corridors of power.

All it's going to take is for one of these leeches to sue to wrong Texan company or a company tied into the wrong Texan company somehow, perhaps at that point the Texan judicial system will get a polite reminder that they should focus less on laws that allow legitimate business to be sued for no good reason.
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Drill Sgt, 13 Oct 2009 @ 5:02am

Only two things come outta Texas ...
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pjhenry1216 (profile), 13 Oct 2009 @ 5:11am

I'm surprised east texas isn't worried that companies are going to start moving out of there in fear of getting sued randomly. Any company that even remotely has anything to do with the internet or technology should be in constant fear of pointless lawsuits now. its like east texas WANTS to hurt its own economy. how long before we hear about companies avoiding moving there or actually leaving?
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Ronald J Riley (profile), 14 Oct 2009 @ 2:50am

Eastern TX New Silicon Valley
Mike Masnick,

Didn’t you know that East Texas is rapidly becoming the hottest area of the country for innovative start up companies? Inventors are flocking there for comradely, culture reasonable real estate prices and country living.

Meanwhile, Silicon Valley has become dominated by Piracy Coalition members who have strangled the area’s inventive spirit. It is not the place for start up companies. The decline will be long and painful.

Eolas is a perfect example of what inventors do for society. It is a shame that they have to sue all these big companies. It doesn’t have to be this way, those companies could change their ways and start licensing rather than trying to steal.

Perhaps both you and Joe Mullin can explain why the two of you constantly root for those who are stealing billions of dollars from America’s inventors. Mullin’s work looks suspiciously like that of Rick Frenkel which raises the question of rather or not Rick Frenkel continues to work in this area.

Ronald J. Riley,

I am speaking only on my own behalf.
Affiliations:
President - www.PIAUSA.org - RJR at PIAUSA.org
Executive Director - www.InventorEd.org - RJR at InvEd.org
Senior Fellow - www.PatentPolicy.org
President - Alliance for American Innovation
Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
Washington, DC
Direct (810) 597-0194 / (202) 318-1595 - 9 am to 8 pm EST.
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staff1, 14 Oct 2009 @ 7:27am

stop the shilling!!!
"Even more interesting? Eolas -- despite coming out of UC Berkeley, and basically being one guy who's now based in Chicago -- conveniently reincorporated in East Texas. Wonder why?"

It's very simple. TX courts have a faster time to trial. Small entities can't sit around and pick daisies, or they go bankrupt. Sure, the big infringers would just as soon wait...until hell freezes over.
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