If there is one term in the legal community that generates widespread disdain, it’s “patent troll.” The term isn’t exactly what we would call objective. But an ironic ruling by a US District Judge in Texas can be celebrated as a small victory against those who make a business out of filing bogus claims.

Texas is known throughout the profession as the go-to place for patent trolls. In a recent post by EFF lawyer Daniel Nazer, it is noted that 1,387 patent cases were filed in the Eastern District of Texas in the first half of 2015, amounting to a whopping 44.4 percent of all the nation’s patent filings. These cases were mostly filed by the dreaded patent troll with no business other than to annoy people. The problem of patent trolls has become so widespread that there’s now a crowdsourcing business dedicated to helping businesses.

A Notable Ruling

Ironically, Federal Judge Rodney Gilstrap of the US District of East Texas recently granted a Motion to Dismiss by two defendants in a suit brought by eDekka LLC, a company that wears the crown of the most prolific patent troll of 2014. It appears that eDekka’s modus operandi was to score a large swath of low settlements with large companies.

In a short 10 page opinion with far reaching implications, the court effectively wiped out 168 separate lawsuits filed by eDekka that relied on US Patent no. 6,266,674 – this first reported by Texas Lawyer. Judge Gilstrap, who hears more patent cases than any other judge in the United States, essentially eliminated 10 percent of his patent docket with this bold stroke.

Judge Gilstrap’s ruling will no doubt send reverberations throughout the patent community and at least make the business of patent trolling far less appealing to opportunists. Undoubtedly with the passage of time, Judge Gilstrap’s case will be dissected and utilized by patent defendants in future cases.

Related References

  • Patent Trolls Go After Firewall Companies Using Lapsed Content (FindLaw’s Technologist)Attorney-Inventor Sues EFF for ‘Stupid Patent’ Blog Post (Findlaw’s Technologist)
  • Patent Trolls Target … White Castle? (FindLaw’s In House)

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