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EFF Asks Appeals Court To "Shut Down the Eastern District of Texas" (arstechnica.com)

An anonymous reader writes: The Electronic Frontier Foundation and Public Knowledge have asked a federal appeals court to make big changes to the rules governing venue in patent cases. The two public interest groups are seeking to file an amicus brief (PDF) which attacks the Eastern District of Texas as being one of the "most notorious situations of forum shopping in recent history." This district has made quite a few appearances on Slashdot; this is one of my favorites.

67 comments

  1. Famous Prince Charles Quote by Anonymous Coward · · Score: 2, Funny

    "Throughout the history of civilized peoples, only the excess born of tyrants and brigands yearned for memory in abundance of 640K" -- Charles, Prince of Wales.

    1. Re:Famous Prince Charles Quote by Anonymous Coward · · Score: 0, Redundant

      Charles never said that. It was actually Bill Gates.

    2. Re:Famous Prince Charles Quote by Anonymous Coward · · Score: 0

      Why is there not a -1 Woosh Moderation option, or maybe it should be +1...

    3. Re: Famous Prince Charles Quote by Anonymous Coward · · Score: 0

      Obviously nobody ever said that.... It's called a joke.

    4. Re: Famous Prince Charles Quote by khallow · · Score: 2

      No, I'm pretty sure Winston Churchill said that in his address in front of the Iron Curtain in 1949.

    5. Re: Famous Prince Charles Quote by Anonymous Coward · · Score: 0

      And I'm pretty sure that whoever modded the OP as a troll is part of the cancer that is killing Slashdot.

    6. Re:Famous Prince Charles Quote by PPH · · Score: 4, Informative

      "The problem with quotes on the Internet is that you can not always depend on their authenticity." -Abraham Lincoln

      --
      Have gnu, will travel.
    7. Re: Famous Prince Charles Quote by Anonymous Coward · · Score: 0

      The editors? I doubt they mod in here.
      Also, please go back to 4chan.

    8. Re:Famous Prince Charles Quote by ArmoredDragon · · Score: 1

      Bill Gates never said that either.

      http://www.computerworld.com/a...

    9. Re:Famous Prince Charles Quote by Anonymous Coward · · Score: 0

      Awesome ... +1 Woosh.

    10. Re: Famous Prince Charles Quote by Anonymous Coward · · Score: 0

      No that'd be the gamergaters. But yeah, not helping.

    11. Re:Famous Prince Charles Quote by aix+tom · · Score: 1

      There are lies, damned lies, and the Internet. -Winston Churchill

    12. Re: Famous Prince Charles Quote by Anonymous Coward · · Score: 0

      I'm pretty sure the primary requirement of a joke is that it's funny

      this immediately fails the very first test of being a joke

  2. Not just Texas by Anonymous Coward · · Score: 3, Insightful

    The whole justice system should be shut down. It's pretty redundant anyway since the outcome is given by the amount of money spent.

    1. Re:Not just Texas by MerlynEmrys67 · · Score: 4, Interesting

      When I was in Texas 2 decades ago, there was a study:
      So Texas Judges stand for election - they have to have a reelection fund. They only people willing to pay for a judge to be elected are lawyers who regularly appear before the judge. The study showed that the lawyer that donated the most money to the judges reelection campaign won cases a significant amount of the time.
      I always assumed this was the "Polite" way of bribing the judge. Wonder how big the reelection accounts are for judges in east texas

      --
      I have mod points and I am not afraid to use them
    2. Re: Not just Texas by Anonymous Coward · · Score: 0, Flamebait

      The system is broken. Judges or any publicly elected official for that matter should be required to have their finances opened to the public. Every deposit made to any account they own world wide would be immediately known just by simply clicking a link of that person's name on a website. Judges are lawyers essentially paid for by other lawyers because nobody else knows or cares about lawyers. It's the ultimate good ol boy club. All judges and lawyers are corrupt or corruptable along with all polititians . The only way to fix that is for their finances to be 100% exposed.

    3. Re: Not just Texas by Anonymous Coward · · Score: 5, Informative

      The issue here is the federal US District Courts. In the US, federal judges are appointed for life by the president, with the advice and consent of the Senate. The issue here is not campaign contributions. Federal judges don't have to stand for reelection. Not to say that there aren't other problems at work, but reelection campaigns and campaign contributions are not the problem.

    4. Re:Not just Texas by JoshRosenbaum · · Score: 1

      Correlation not equal to causation comes to mind here. I wonder if the study accounted for the fact that the best lawyers are probably the ones most likely to make the most money and thus have more money to contribute to campaigns. (And by being the best, they also win more cases.)

    5. Re: Not just Texas by Anonymous Coward · · Score: 0

      https://en.wikipedia.org/wiki/United_States_District_Court_for_the_Eastern_District_of_Texas

      Curiously, three were appointed by Dubya, three by Obama, and one each by Reagan and Clinton. (There are two vacancies.)
      I'm pretty sure that all the Nominations were just rubber-stamped by the presiding Presidents.
      The rot is in who nominated them...

    6. Re:Not just Texas by Anonymous Coward · · Score: 2, Interesting

      If you want to know why the media coverage of current US presidential debates is skewed, including with biased presenters, it's because MSNBC, CNN, and other Media companies are the largest donors to Clinton's and Rubio's campaigns.

      This is apparently not only the "polite way" of bribing politicians for more Imaginary Property Rights (which Hillary has been a huge supporter of increasing), but also the way media avoids full disclosure while biasing the elections of "free" nations.

    7. Re:Not just Texas by KGIII · · Score: 1

      Not conspiratorial enough. This is Slashdot. There must be outrage! And conspiracy...

      Didn't we just see about Texas judges who had dismissed a bunch of patent cases? I don't know if they were in the same district or not but they'd swept something like 160 of them off the board and just a few days before that was an article about another judge doing something similar, both were in Texas as I recall. I wonder if it's just East Texas?

      --
      "So long and thanks for all the fish."
    8. Re:Not just Texas by Anonymous Coward · · Score: 0

      Judges that hear patent cases are in the federal courts. They are not elected, they are appointed by the president and confirmed by the senate, for a life term. While federal judicial appointments are sometimes given as political favors, federal judges don't have to stand for re-election and are thus thought to be more impartial. The current king of patent litigation in East Texas is The honorable Rodney Gilstrap, who was appointed by president Barak Obama and was confirmed by a Democrat majority Senate on 12/5/11.

    9. Re:Not just Texas by quantaman · · Score: 1

      Correlation not equal to causation comes to mind here. I wonder if the study accounted for the fact that the best lawyers are probably the ones most likely to make the most money and thus have more money to contribute to campaigns. (And by being the best, they also win more cases.)

      I think the better non-conspiracy interpretation is that lawyers are going to support judges who share their judicial philosophy, and judges will tend to rule in favour of arguments that reflect their judicial philosophy.

      However, even if that is the case and there's no attempt on either side to introduce a bias it should still be stopped.

      For one thing eliminating bias is really tough, it's a very difficult task for a judge to treat the lawyer who gave him a pile of money as fairly as the lawyer who backed the person trying to put them out of a job.

      And even if the judge succeeds that's only part of the problem, a critical job of the justice system is to give people faith in the integrity of the justice system. People won't have faith in a system that seems to be rigged.

      --
      I stole this Sig
    10. Re:Not just Texas by Anonymous Coward · · Score: 0

      Still, there is no way to verify which of these is the case; corruption would be indistinguishable from genuine support.

      It's identical situation to statutory rape of minors: the kid may genuinely like, understand and enjoy sex with the adult, but since the adult *is able* to create a situation of abuse which would be indistinguishable to "consensual" one. Therefore, due to lack of tools to distinguish between the two, both are equally banned.

    11. Re: Not just Texas by shentino · · Score: 1

      They are.

      They just target the president that does the appointing, but the power can still be traced from the judges, through the president, and back out his corporate backers.

    12. Re: Not just Texas by RockDoctor · · Score: 1
      Not that it's normally worth the effort of replying to an AC, but surely it is relevant that the US is, to the best of my knowledge, the ONLY country that has a public election process or judges. Not to put too fine a point on it, if this "bribery through re-election funds" route is a problem, then it's a problem of America's own making.

      My experiences with East Texas : we used it's courts to increase the payout for families of 14 people killed in one incident at work from just under $2million to approximately £100 million (total). And all because one of the companies involved had an office somewhere in Texas. So forum shopping has it's benefits, unless you're a corporation trying to reduce your bill for killing foreign workers.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    13. Re: Not just Texas by MerlynEmrys67 · · Score: 1

      What I am saying is all of their reelection money is open to the public - the public doesn't care. No judge would be stupid enough to take a direct bribe - but I can see a 10,000 dollar donation to their reelection campaign fund being "no problem"

      --
      I have mod points and I am not afraid to use them
  3. Help Wanted by mrsam · · Score: 4, Funny

    Help Wanted:

    An editor who knows how to add relevant links to a posted story.

    Send your resume to Dice Holdings Inc.

    1. Re:Help Wanted by whoever57 · · Score: 3, Informative

      It's not as intuitive, but if you look to the right of the headline, you will see "(arstechnica.com)". That's the link to the story. This is presumably another /. layout unimprovement.

      --
      The real "Libtards" are the Libertarians!
  4. It's official by Fished · · Score: 0

    Netcraft confirms that slashdot is now an echo chamber.

    --
    "He who would learn astronomy, and other recondite arts, let him go elsewhere. " -- John Calvin, commenting on Genesis 1
    1. Re:It's official by Anonymous Coward · · Score: 0

      an Echo Chamber!

      an Echo Chamber!

    2. Re:It's official by Impy+the+Impiuos+Imp · · Score: 1

      Netcraft confirms that slashdot is now an echo chamber.

      What the holy hell does that have to do with any...

      Oh, wait. I'm thinking of Nethack. n/m

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    3. Re:It's official by fisted · · Score: 1

      amber........amber......

    4. Re:It's official by fisted · · Score: 1

      Where's an echo chamber in nethack?

    5. Re: It's official by Anonymous Coward · · Score: 0

      ...

      Rosebud

    6. Re:It's official by Anonymous Coward · · Score: 0

      I seem to remember one in Zork. Maybe it was just loud, though. It's not like it had sound effects.

    7. Re:It's official by Anonymous Coward · · Score: 0

      Where's your sourcecode or programs you've ever done that others say is good fisted? Non-existence is where.

    8. Re:It's official by Anonymous Coward · · Score: 0

      Where's your sourcecode or a program you've done that others say is good? Non-existence is where.

  5. Already shutdown by DevilM · · Score: 4, Informative

    Judge Davis retired... No one is hearing patent cases anymore in the Eastern District of Texas.

    https://en.wikipedia.org/wiki/...

    1. Re: Already shutdown by Anonymous Coward · · Score: 0

      After reading that, why isn't the Justice Department making corruption investigations? The judges actions are what someone on the take would do.

    2. Re:Already shutdown by Anonymous Coward · · Score: 0

      Judge Davis retired... No one is hearing patent cases anymore in the Eastern District of Texas.

      https://en.wikipedia.org/wiki/...

      I think that Judges Gilstrap, Love, and Schroeder would beg to differ. In fact, I believe that Judge Gilstrap has the largest patent docket in the country.

    3. Re:Already shutdown by Anonymous Coward · · Score: 1

      Not only that, but the locality of East Texas is completely about "the little guy" (read: patent troll) against the "mega corporation."

      Read this story (an East Texas paper), vs. this story (NY Times). Note also the ridiculous difference in the way the paper mentions the judgment amount.

      Smartflash got greedy. They tried to double-dip, and the whole mess got thrown out (a story the Tyler paper neglected to run).

      It's about a poisoned jury pool.

    4. Re:Already shutdown by Type44Q · · Score: 1

      Without those briefcases full of cash, he'd surely be on the street eating I know not what; have you even seen the price of catfood lately??

    5. Re: Already shutdown by shentino · · Score: 2

      Because the DOJ answers to the same president who appointed RIAA lawyers to the DOJ?

    6. Re:Already shutdown by SlaveToTheGrind · · Score: 1

      That's just plain wrong -- EDTX continues to be the forum for over 40% of all newly-filed patent cases. Yes, Judge Davis recently retired, just like Judge Ward and Judge Folsom before him. But he was one of many, and Judge Gilstrap, Judge Schneider, Judge Clark, and others are still hearing plenty of cases.

  6. Actual article link by Antique+Geekmeister · · Score: 5, Informative

    http://arstechnica.com/tech-po...

    With a few seconds editing, this could have been in the summary.

    1. Re:Actual article link by Anonymous Coward · · Score: 0

      It's next to the title (and partially obscured by the icons, for me).

    2. Re:Actual article link by Antique+Geekmeister · · Score: 2

      I can see it now, thank you for the pointer. It's still a basic editing error: that is a _terrible_ place to hide a link, literally under other clickable links.

    3. Re:Actual article link by Anonymous Coward · · Score: 1

      Slashdot is a basic editing error.

    4. Re:Actual article link by Anonymous Coward · · Score: 0

      It's not like we were going to read the article anyhow.

  7. So, yeah. by Anonymous Coward · · Score: 0

    Good luck with that.

    Constitutionally, courts are established by acts of congress. Congress has repeatedly failed to act to protect sanity in patent system.

    Is it possible to change rules to prevent forum shopping? A bit, but the fundemenral issue is the underlying law.

    1. Re:So, yeah. by nickweller · · Score: 3, Informative

      "The remote district’s role has only increased since 2011 and the latest data reveals that the Eastern District of Texas is headed to a record year. An astonishing 1,387 patent cases were filed there in the first half of 2015. This was 44.4% of all patent cases nationwide. And almost all of this growth is fueled by patent trolls." ref

      "Recent changes to patent law have made it easier to beat patent trolls, but it hasn't made the patent hotspot of East Texas any quieter. In fact, it's been in the news more. Massive numbers of patent troll suits continue to be filed there, and the judge who hears most of them has erected barriers to defendants seeking to have their cases disposed of early. ref

    2. Re:So, yeah. by Anonymous Coward · · Score: 0

      Violating the first amendment rights to free speech, peaceably assemble, AND petition the government for a redress of grievances? You should have thrown in there a demand to tithe to the Church of England.

    3. Re:So, yeah. by shentino · · Score: 1

      They can, but they won't.

      Don't forget that the congress critters are slaves of the corporate elite.

  8. Wait... by Anonymous Coward · · Score: 0

    It's Nov. 1st not Apr. 1st...

  9. Full Text Worth Reading by UncleJosh · · Score: 5, Interesting

    Full text (PDF) of the Amicus Brief is worth reading and not that long. Excerpts "The Eastern District has adopted certain procedural rules that benefit patent owners—particularly those with weak patents and no products—to the detriment of small innovators and those accused of infringement. These rules drive up costs to defendants and work to increase settlement pressure untethered to the merits of a particular claim for patent infringement." and "These rules, although facially neutral, give significant advantages to patent owners with minimal assets, dubious patents or infringement claims, or a goal of extracting undeserved settlements."

    1. Re:Full Text Worth Reading by Anubis+IV · · Score: 1

      Some worthwhile reading on this topic is an old comment of mine from 2012 and the exceptionally informative response I received:
      http://slashdot.org/comments.p...

      To summarize the highlights, that particular court is not as bad as everyone here thinks it is, with the statistics indicating that it's roughly on par with the rest of the nation and is far more hostile towards trolls than some other venues. That said, in order to expedite cases and to prevent certain forms of abuses that other courts haven't considered, it does impose more significant costs on those involved than you'd see in other districts, particularly on the defendants. As such, while the win ratio for trolls in the district may be roughly on par with the national average, a defendant doing a cost-benefit analysis will have to consider more costs if they're fighting in that venue, which may push them to settle instead.

      Again, the original comments are well worth reading, since they have links to sources and a lot more detail.

  10. Whack-a-mole fails by Anonymous Coward · · Score: 0

    You can't play whack-a-mole with corruption you have to purge it all at once, which can't ever happen as long as those in charge are willfully complicit and just as corrupt.

    You may notice that civil forfeiture promoters are always saying it's about not making crime pay. Yet civil forfeiture is only really used against the poor. Some rich executive is caught insider trading, even though the "authorities" KNOW his fortune is the direct result of illegal activity, he's given a little fine to pay, slapped on the wrist and told not to get caught again. Some guy with $200 in his wallet when stopped by the police gets that cash stolen from him at the point of a gun under "suspicion" that it MIGHT be proceeds from illegal activity.

    It's the same thing in east Texas. The "authorities" KNOW there is something suspicious going on there, but turn a blind eye because judges have the same kind of "good ole boy" blue wall of silence that crooked cops do.

  11. Re:Can we fire timothy now? by Anonymous Coward · · Score: 0

    The general quality of Slashdot editing has gone right over the cliff since it was announced that the site was once again for sale.
    I don't think that this is a coincidence.
    It's called Driving Down The Value Of A Brand, prior to a Dark Horse bid.
    I personally don't think that Slashdot, including any applicable Intellectual Property, is worth much more than ~$40K right now.
    So that's my Bid. As if...

    I would be a Benign Dictator. Timmy has to stop sniffing glue and fondling his Guns. Samzenpus needs some Remedial English. And no, Roblimo, nobody gives a damn about your crappy Videos. You're 63 now; time to act your age.
    Slashdot would host their own Ads, and only Good ones, under my Dictatorship. I shall attempt to lose no more than maybe $10K a year, out of pocket, pretty much indefinitely.

    That is until I got tired of the whole thing, or Timothy creates an "accident" while demonstrating to me a 3D printed Pumpkin Cannon.

  12. Doesn't matter by Etherwalk · · Score: 1

    Judge Davis retired... No one is hearing patent cases anymore in the Eastern District of Texas.

    https://en.wikipedia.org/wiki/...

    It doesn't really matter that it was shut down--what matters is that it demonstrates the problem with forum-shopping, which the EFF is trying to prevent.

    This is further complicated by the fact that The Federal Circuit *can't* overturn its own earlier decisions easily. The three-judge panel on a particular case has to respect the precedents set by an earlier case. So they may be able to weaken or strengthen a case, but they can't really overturn it. (Otherwise the law would depend entirely on which judges you happen to get.)

  13. Re:Can we fire timothy now? by KGIII · · Score: 1

    I'd buy it for $40,000. I'd fire the whole lot of them and let the community run it up to and including which ads are acceptable. They don't get anything for running it. Once the purchase price is paid off and once the interest that I'd charge (say, 10% total - including any additional fees until it makes a profit) then the community can decide which non-profit gets any additional monies - after an emergency fund is setup and fully funded.

    --
    "So long and thanks for all the fish."
  14. Re:Can we fire timothy now? by metrix007 · · Score: 1

    Do you even have 40,000? Don't you live in you mothers basement?

    --
    If you ignore ACs because they are anonymous - you're an idiot.
  15. Re:Can we fire timothy now? by KGIII · · Score: 1

    This is awesome! Seriously, thanks. I've never had a stalker before. It makes me feel all warm and cozy, like I've done something meaningful.

    Anyhow, yes, yes I do have that and no, my mother's dead. If I were to purchase such a thing then I'd even make sure you were still allowed to participate. Even if, for no other reason, it was because of the warm gushy feeling of having a stalker. I don't know why people would complain about them. You're pretty powerless and just tell me that I've managed to do something so meaningful as to piss someone off enough to spend their life (portions of it, at least) on my behalf. Those minutes, hours, and emotions that you give me are mine to do with as I please. I'm not usually one to lord power over another but this is awesome!

    --
    "So long and thanks for all the fish."