A few have commented how, internally to the IP law industry, the district is known to have a lot of specific domain experience with the argument of IP law. I can definitely understand why that would be attractive to patent-holding firms, in the way that Delaware is attractive to large corporations.
Most of us not in the IP industry think a lot of these suits are ridiculous, and it's because we don't make our lives by the reality of how IP law is structured.
These cases are ridiculous because IP law is ridiculous. It's not Marshall, TX's fault that IP law is ridiculous, and these juries very well may be the most knowledgeable jurours out there. That fact is dangerous, however, because this town's specialized experience makes it as if these companies are arguing cases in front of a jury of paralegals instead of representatives of the public, which absolutely will bias results.
Part of the reason we have juries is to balance the law with common sense. Common sense means something different when you're almost as knowledgeable about the law as the lawyers in front of you.
"It's not Marshall, TX's fault that IP law is ridiculous, and these juries very well may be the most knowledgeable jurours out there."
As a lifelong Texan I do believe you overestimate the knowledge base of people that willing live in East Texas. Most of the technical smart folks in Texas have migrated to Austin, DFW, San Antonio or Houston for real jobs. And most of them don't have a fucking clue about encryption.
East Texas is a dream situation for attorneys considering the average knowledge is lower than the rest of this state. Have this trial in Dallas and you might get a engineer from TI or a statistician from my company on the jury. East Texas is what we in the city refer to as the "Sticks". The per capita income is half that of even the older suburbs in Dallas.
I agree. I, for one, am tired of seeing this nonsense that the jury pool in that district has a high-level knowledge and experience with matters pertaining to patents.
Patent trolls want that district because that's where they win the most. It's similar as to why they avoid certain districts, because that's where they lose the most.
If another district had the reverse stats, where a large number of patent suits are filed but patent trolls lose 80% of the time, you would have a district that had a "high knowledge base" in the jury pool. Patent trolls would avoid it like the plaque, despite having such a supposed intelligent jury pool.
Most of us not in the IP industry think a lot of these suits are ridiculous, and it's because we don't make our lives by the reality of how IP law is structured.
These cases are ridiculous because IP law is ridiculous. It's not Marshall, TX's fault that IP law is ridiculous, and these juries very well may be the most knowledgeable jurours out there. That fact is dangerous, however, because this town's specialized experience makes it as if these companies are arguing cases in front of a jury of paralegals instead of representatives of the public, which absolutely will bias results.
Part of the reason we have juries is to balance the law with common sense. Common sense means something different when you're almost as knowledgeable about the law as the lawyers in front of you.