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07.14.18

From East Asia to the Eastern District of Texas: XYZ Printing, Maxell, and X2Y Attenuators

Posted in America, Asia, Patents at 10:31 pm by Dr. Roy Schestowitz

XYZ Printing
Permanent/archived copy

Summary: The patent aggression, which relies on improper litigation venues, harms innocent parties a great deal; only their lawyers benefit from all this mess

THIS WEEKEND we shall focus on USPTO news, then release some new material about the EPO. But before we get around to it all, we’d like to highlight the above post, which someone brought to our attention yesterday. It’s an attack on Open Source and it’s happening in China, courtesy of XYZ Printing, an entity we’ve never mentioned before. What is it exactly? Is XYZ Printing just another patent troll as alleged above?

“As it turns out, it’s yet another patent lawsuit in the Eastern District of Texas. And against Chinese companies!”Speaking of which, Bing Zhao, who typically writes about China for the patent trolls’ lobby (IAM), wrote about Maxell a few days ago (it’s a Japanese company that manufactures consumer electronics). As it turns out, it’s yet another patent lawsuit in the Eastern District of Texas. And against Chinese companies! It shows that for companies to operate anywhere near there is a major liability/risk. More so after TC Heartland (although the applicability to foreign companies is limited, as per recent Federal Circuit decisions). It has become very unwise for any company — US-based or foreign — to have any sorts of operations in Texas, whose patent agenda has clearly backfired.

“Yes, the patent trolls’ lobby (IAM) is always eager to give publicity to, i.e. amplify, the aggressors, not the defendants. This is what IAM exists for.”“Earlier this month,” Zhao wrote, “Maxell won a $43.3 million damages award against ZTE in the Eastern District of Texas. It was the first jury decision for the Japanese electronics company, formerly a unit of Hitachi, since it began a US patent enforcement campaign back in 2016, with Huawei and ZTE as its initial targets. The company still has pending US patent suits against companies including Huawei, Asus and BlackBerry. IAM had an exclusive sit-down interview in Tokyo with Tatsuya Yamamoto, senior manager, IP licensing and legal at Maxell, to hear his insights into the company’s current enforcement campaign and its overall patent strategy.”

Yes, the patent trolls’ lobby (IAM) is always eager to give publicity to, i.e. amplify, the aggressors, not the defendants. This is what IAM exists for. See who’s funding it.

“These sorts of issues need to be tackled because when entities simply wrestle with (or twist) patent law justice itself is the principal casualty.”It has meanwhile been noted that patent thugs try to find artistic new ways for venue shifting (after TC Heartland). Citing X2Y Attenuators, LLC v Intel Corporation as a new example, Docket Navigator writes: “The court granted defendant’s motion to dismiss for improper venue because defendant did not have a regular and established place of business by placing four employees at a university lab in the district.”

In spite of the “LLC” and a similar mame to “XYZ Printing” at the top, X2Y Attenuators is not a troll. It’s also not about software patents. But it seemingly looks for the big bucks from Intel, even in an improper venue.

These sorts of issues need to be tackled because when entities simply wrestle with (or twist) patent law justice itself is the principal casualty.

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