5th Circuit May Stop Patent Troll "Forum Shopping"

I Don't Believe in Imaginary Property writes "Why is a 5th Circuit product liability case getting interest from lawyers all over the country? Because it might put an end to forum shopping by 'non practicing entities' (patent trolls) who prefer to file in the Eastern District of Texas, no matter how little relevance that forum has to their case. Thanks to the rules involving 28 U.S.C. 1404(a) motions and patent cases, people who get sued in Marshall, Texas usually can't get the case transferred elsewhere, even though that forum is seen as unreasonably favorable for patent plaintiffs. But, if the panel of judges in In Re: Volkswagen rules the way some anticipate, that could all change, and there are no less than six amici curiae who have filed briefs arguing both sides of it."

Comments

I had heard this also worked on the other side.

[Ungrounded Lightning]

Back in the '70s when I was first trying to patent something (that it turned out had been invented and patented back when I was 6 years old), I heard that similar forum shopping was done by those trying to break patents.

Seems there was a federal judge in Chicago who thought everything was obvious (rather than "obvious only after it's pointed out and THEN you go 'Oh, of course!'"). So people trying to break patents would try to file their suits there, in the hope of getting that judge. Worst case was they got one of the other judges and actually had to prove their case.

Don't know if this was actually true. And even if true that judge would either be retired or nicknamed Lazarus by now. But I thought I'd share.

EFF + Software Freedom Law Center, please stand up

[Khopesh]

The Electronic Frontier Foundation (EFF), Software Freedom Law Center (SFLC), and other key "patent busters" need to write open letters in support of this action. We need visibility here.