Comment: Re:As usual ... (Score 5, Informative) 2008-07-23 04:03
Attached to: Nintendo Loses Controller Patent Lawsuit
Once upon a time, a certain area of Texas was popular for tort plaintiffs because it frequently produced enormous damage awards, thus providing employment and tourism revenue for an otherwise inconsequential part of the United States. Then, a series of tort reform laws were passed to curtail the activities of the offending courts. So, in search of a new means of corrupting the judicial system to keep a constant flow of legal tourism through Mayberry, a judge from Marshall, Texas decided to publish a paper on patent rules.
Having a judge who understands patent law is an excellent proposition, except when the judge intends to contort the law to draw business into his remote domain and benefit his local associates.
Who decides where a case is brought when the defendant (say, a national corporation) is subject to personal jurisdiction throughout the entire country? The plaintiff. How do you persuade patent plaintiffs to bring lawsuits in your backwards town? By handing out numerous favorable decisions and large damage awards.
And so, E.D.Tex and Marshall, TX are the bane of patent defense attorneys throughout the United States, and patents of doubtful validity regularly receive the imprimatur of a federal district court.
The Court of Appeals for the Federal Circuit doesn't agree to hear appeals for every case, nor should it. That would be impossible.
In conclusion, we should never have let Texas into the Union in the first place.

