Friday, October 2, 2009
"Companies love to complain about liability lawyers who shop around for plaintiff-friendly jurisdictions. But when then have a patent case to prosecute, they do the same thing. ... Microsoft says the verdict is flawed and vows to appeal, but the clock is ticking: The Tyler , Tex. judge gave the software giant just 60 days to remove the offending feature from Word or stop selling the program. ... The Eastern District's [Texas] so-called rocket docket 'gives defendants little opportunity to engage is discovery that might invalidate weak patents,' complains legal scholar Theodore Frank in an American Enterprise Institute paper. ... Many corporations, especially drug companies, like to sue in Texas. ... Judge Jon T. Ward of the Marshall court laughs when asked if it was appropriate for J&J to sue in the court it once argued against: 'Wghen I was defending patent cases in private practice, I used to argue against this venue myself'," Daniel Fisher at Forbes, 7 September 2009.
Is "discovery" the issue? If so, is it defendants' decreased ability to engage in discovery abuse to wear plaintiffs down?