by Mike Masnick
Tue, Oct 30th 2007 1:01pm
The latest news in the patent dispute between Sun and Network Appliance is that Sun is trying to move the case to California. NetApp filed the lawsuit in east Texas, a favorite location for patent holders, since the judges there are known for fast trials that almost always end with the patent holder coming out on top. Even if companies have no real presence in east Texas, they figure out how to get something resembling a presence there in order to file the lawsuit there. Amusingly, patent reform in the early 80s was designed to stop this type of jurisdiction shopping at the appeals court level, but all it seems to have done was push it down to the district court level. In trying to move the case, Sun points out that both it and NetApp have headquarters approximately 10 miles away from each other in California -- and there seems to be no reason whatsoever to have the case filed in east Texas unless you were jurisdiction shopping. There's been some talk lately suggesting that the folks in east Texas are getting a little annoyed at their reputation for being so friendly for patent holders, so hopefully they'll agree that this case really belongs in California.
If you liked this post, you may also be interested in...
- Once Again, John Oliver Covers A Techdirt Topic: This Time, It's Patent Trolls
- Techdirt Podcast Episode 21: How The Patent System Can Be Fixed
- Techdirt Podcast Episode 20: How The Patent System Is Broken
- Appeals Court Doesn't Understand The Difference Between Software And An API; Declares APIs Copyrightable
- Confused Jury Says Google Infringed On Oracle's Copyright, Sorta, But Maybe Not