Bonum Certa Men Certa

Companies Now Have the Incentive to Remove/Move All Operations Out of the Eastern District of Texas (If Not Texas in General)

Deviation from the law can lead to that

Rodney Gilstrap



Summary: The 'karma' of the Eastern District of Texas' aggressive policy is a diaspora or mass exodus of businesses, for any presence in the area may prove costly after TC Heartland (a year-old SCOTUS decision)

THE POOR patent trolls...

Earlier this morning we saw one such troll (Texas-based, obviously!) celebrating the USPTO's new chief, adding a cowboy hat to it. Such is their level of maturity and mentality; this particular troll and his boss, as we noted before, refuse to act like grownups.

"Cases continue to pile up regarding litigation venue."But there's a reason for their reliance on Mr. Iancu (USPTO Director appointed by Trump after he had worked for Trump). They just aren't getting their way and some have gone out of business; many are about to. Texas court cases (regarding patents) are running low; the dockets dry up.

Cases continue to pile up regarding litigation venue. The Federal Circuit, for instance, at the middle of May delivered a couple of key rulings which we covered here before. Watchtroll wrote about the first one nearly a fortnight late. It is about the Eastern District of Texas and in a nutshell:

After the case was filed in the Eastern District of Texas, ZTE filed a motion to transfer the case to the Northern District of Texas under 28 U.S.C. €§ 1404(a) and filed a motion to dismiss for improper venue under 28 U.S.C. €§ 1406 and €§ 1400(b). The district court ruled that the Eastern District of Texas was a proper venue. Relying on Fifth Circuit law, the district court denied ZTE’s motion to dismiss, finding that ZTE “failed to meet its burden to show that it does not have a regular and established place of business in the District.” ZTE filed a petition for a writ of mandamus alleging that the district court improperly placed the burden of proof on the defendant.


The subject of litigation venue trended more than a week ago; here's another one covered at the time and belatedly by Watchtroll:

The Court found that a corporation resides only in one judicial district, not all dsitricts within the state where it is incorporated. First, the plain reading of “the judicial district” indicated that Congress had in mind one particular judicial district where the defendant had committed acts of infringement and had a regular and established place of business. Additionally, other venue rules promulgated near the same time as €§ 1400(b) included a clear statement that venue could lie in multiple districts when Congress intended that result. Although Fourco established that incorporation within the state is necessary for venue purposes and sufficient for venue in single-district cases, it did not imply that venue was proper in every district within the state.


This comes almost exactly a year after TC Heartland.

How about when the venue is Dallas (also Texas)? Watch this new article labeled "Dallas Invents". This isn't "Dallas Invents" but "Dallas attracts patent trolls by ruling in their favour in nearby towns" (so that these trolls become Texas-based). The article says: "Patents granted include Nuvectra Corporation’s paired communication between an implanted medical device and an external control device; Toyota’s "cloaking" apparatus and method for making an object appear transparent; and NewVoiceMedia’s workflow triggering that uses real-time analytics for intelligent sales engagement."

"One might joke that James Rodney Gilstrap, who boasted that he was helping his town, actually accomplished the exact opposite thing. He has become a death knell to job opportunities in the whole region."It's just one of those 'shopping list' articles and it has little or nothing to do with Dallas. Some of these companies aren't even American, let alone Texan.

Meanwhile we learn that the University of Texas still goes after companies where they aren't really based! See this update on Board of Regents, The University of Texas System et al v. Medtronic, Inc. et al:

The court denied a defendant's motion to dismiss plaintiffs' patent infringement action for improper venue because defendant had a regular and established place of business in the district by ratifying its subsidiary's manufacturing and research facility as its own place of business.


As readers may recall, courts in Texas grossly misused their power last year. The "reprehensible" [1, 2] Judge Gilstrap, for example, got reprimanded for ignoring the Rule of Law (or courts above him) to keep lawsuits in an improper venue (his own). Behaviour such as this is only likely to discourage companies from opening branches in Texas; moreover, it might encourage them to leave or shut down existing branches. They're making an error by making the "selling point" of this place patent litigation; they temporarily attract many patent trolls and defendants (accused parties) and in the long run they lose both, as well as actual businesses. One might joke that James Rodney Gilstrap, who boasted that he was helping his town, actually accomplished the exact opposite thing. He has become a death knell to job opportunities in the whole region.

Recent Techrights' Posts

Number of Libera.Chat Users (Simultaneously Online) Falls to Lowest Figure in Over 3 Years
Notice the downward trend/curve in recent months
Shedding Light on How the EPO Sheds Off Staff in Order to Grant Loads of Invalid (Fake) Patents in Europe
The people who decide on these policies lack a background in science
 
EPO is Corrupt Like Always, What Changed is the Lack of Media Coverage (No Transparency Means No Democracy)
We need to revive online media and encourage dissent
[Meme] How NOT to Do Activism Online
So many self-professed liberals continue participating and driving traffic (ads) in X
In Central Africa, Which is Bigger Than Europe, Windows is About 5% in Terms of "Market Share"
they apparently got so fed up with colonialism
Communicating Outside of Skinnerboxes and Social Control Media
Tackling collective isolation and miscommunication (or communications being controlled by middlemen)
[Meme] Social Control Media is NOT Free Speech
It's time to discard that stupid argument that banning an abusive censor is "censorship"
Banning Not Only TikTok... if Not for FOMOC (Fear of Missing on Constituents)
It's a sort of addiction by peer pressure
Montenegro's Share of GNU/Linux Reaches All-Time High
We don't really know why, but that's just what the data from statCounter suggests
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 10, 2024
IRC logs for Tuesday, December 10, 2024
Yes, Of Course the Linux Foundation's OpenSSF Rejects Open Source and GNU/Linux (New Report)
longstanding tradition
Links 10/12/2024: Nvidia's Regulatory Woes, Trust Issues in LLMs (and Similar Recent Hype)
Links for the day
Gemini Links 10/12/2024: Lagrange 1.18.4 Released, New RNG
Links for the day
More Chatbot 'Articles' About Chatbots
Look what's happening to the Web...
Microsoft Falls to All-Time Lows in Cameroon
Windows down to just 4.6%
Brittany Day Still Uses Bots to 'Write' Articles (But Not All the Time)
it leads to a presumption of plagiarism
Links 10/12/2024: Trying "Hey Hi" With New Hype and Buzzwords, TikTok Bans Imminent
Links for the day
Google's CEO: LLMs' ‘Low-Hanging Fruit’ Now Exhausted
They basically tell shareholders not to expect returns on this hype
Microsoft Windows Falls to 11% in Senegal, an All-Time Low
In neighbouring countries (to the east of Senegal) the "market share" of Windows is even lower
The EPO's Corrupt Dealings With Microsoft Never Addressed, Only Worsened
it helps Microsoft spy on the competition and manipulate examiners dealing with its files
The Catching of Luigi Mangione Shows We Need Not Have More Surveillance (Than We Already Have; It's Excessive Anyway)
instead of saying surveillance is insufficient and thus we need more of it, now they can claim they have enough of it
[Teaser] Fate of Formalities Officers (FOs) at the EPO
Coming soon
Libre Liberia: Windows Down to 8% in Liberia
In Liberia, only about 1 in 12 Web requests seems to originate from Windows
Links 10/12/2024: Health, Politics, Economics, and More
Links for the day
Gemini Links 10/12/2024: LLM Plagiarism and "Flow" Review
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 09, 2024
IRC logs for Monday, December 09, 2024
EPO Salaries Reduced: EPO's “Sustainability” Clause "Cuts the Average Overall Adjustment for Staff by –41,8%."
What does this all mean for staff?
Google is Nuking Remaining Invidious Instances Again, Hoping to Force Everyone to Use Proprietary Spyware With DRM
This issue started a few hours ago
Microsoft's Grip on Armenia is Slipping, According to New Data From statCounter
Notice what happened to Windows - an all-time low
[Meme] Sloppy Plagiarism Full of Errors, Lacking Actual Comprehension
LLMs are not "AI"
More LLM Spam/Slop About LLM Spam/Slop
This is what the Web will become unless we expose those who contribute to the problem
Reforming Versus Rebooting Versus Destroying Institutions
At the moment we strive to expose the truth or shine light on pertinent facts
Expose Corrupt Insurance Companies, Don't Kill People
Murder gives them sympathy, makes the raiders seem like the victims
Microsoft's Windows is Pretty Much Dead in Haiti
Android has eaten Microsoft's lunch, Microsoft can't even eat crow
[Teaser] EPO Management Thinks Inflation in Europe is 0.2% Per Annum
Taming inflation by entirely ignoring it is like wrongly assuming that climate change (caused by human activity) can be overcome by not studying the effect of 8+ billion humans on this finite planet
Corporate Media Will Be Discarded and Eventually Die If It Keeps Doing "Bill Gates Sez" (or Similar) Pieces Instead of Journalism
"Superintelligence" does not even mean anything!
This Week We Focus Again on European Patent Office (EPO) Scandals
Nothing can stop us, not even a party or SLAPP
Links 09/12/2024: Health Care Anger and Power Vacuum in Syria
Links for the day
Links 09/12/2024: Burned, Uncertain Future, and Failure
Links for the day
[Meme] Write Code, Not Social Control Media
don't forget to 'like'
Links 09/12/2024: UnitedHealthcare C.E.O.'s Killer Still Unknown, Syrian Regime Change Completed
Links for the day
Site in Support of Richard Stallman Reminds People of the FSF's and Stallman's Support of Women
new updates
Microsoft: Target the Young (Get 'Em While They're Young)
Then they say Free software advocates are "extremists" and "rude"...
As of December 8th (23 Days Remaining), the FSF (Free Software Foundation, Inc.) Already a Third of the Way Toward Ambitious Funding Goal
FSF's memberships (or donations) drive is going a lot better than we anticipated
Why Mike Magee Created and Was Involved in So Many News Sites About Technology
British legend
In Memory of Mike Magee (1949-2024) and Our Best Wishes to The Register, Which He Founded in the 1990s
Months have passed since Magee died
Tunisia is Android, Windows is Waning There
Windows was measured below 20% in Tunisia
[Meme] Jeff Bezos Working From Home
"B**** please, publish articles in Washington Post about how working from home sucks"
'Remote' (From Home) Tech Workers Are More Productive for a Lot of Reasons
The Bezos-owned media should disclose its conflict of interest here
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 08, 2024
IRC logs for Sunday, December 08, 2024
No Wonder Microsoft's LinkedIn and Github Have So Many Layoffs, Permanent Office Closures
Traffic down, losses, probably never going to profit