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01.28.17

The Supreme Court Could Soon Deal a Death Blow to Rodney Gilstrap’s Trolls-Friendly Court, So Gilstrap Does Something Exceptional

Posted in America, Patents at 9:29 am by Dr. Roy Schestowitz

Rodney Gilstrap

Summary: 2017′s Supreme challenge to the Eastern District of Texas is imminent and Gilstrap (above) finally digs a little deeper into the business model of patent trolls, inducing liability further up the ‘chain’

THE Eastern District of Texas is everything that’s wrong with the US patent system and it makes the USPTO look bad. It’s where patents get converted into racketeering tactics and proxy battles.

As noted in this site last year (and beforehand [1, 2, 3, 4]), we have absolutely no idea why Gilstrap is still seen as fit for his job, having been the patent trolls’ go-to guy. This judge oversees just about every case in the most notorious patent court, perhaps occasionally having to give the sense of justice, somehow…

According to this new report from Patently-O, 3 days ago Gilstrap did something unusual:

In an unusual order dated January 25, 2017 in Iris Connex v. Dell (E.D. Tex 2:15-cv-1915-JRGJ) (here), after finding no infringement, Judge Gilstrap allowed post-judgment discovery and concluded that the case was exceptional. Stripping it way down, because the infringement contention was frivolous (and other things), Judge Gilstrap imposed joint and several liability among the corporate plaintiff, its parent company and the plaintiff’s sole officer (a lawyer) (in effective, piercing the corporate veil) for the fees awarded under 285.

This seems like good news, for a change.

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