Mike Masnick on Techdirt.com has a disturbing article about a recent jury decision (in ED Texas of course) in favor NPE DDR Holdings against Digital River:
“Last week a jury in the federal district court in Marshall, Texas (patent trolls’ favorite court) gave a ruling that was a clear miscarriage of justice — and this is a case where I actually knowquite a lot about the details and have firsthand knowledge that the patents are 100% bogus. The case involves a patent troll called DDR, which was built out of the ashes of a failed dotcom called Nexchange, which tried to build affiliate style stores that could be embedded in other websites, with their look and feel.”
Despite prior art and obviousness claims:
“But, this is East Texas… where insanity rules. On Friday, the jury ruled in favor of DDR, saying that the patents were valid and infringed upon by Digital River (and WTH). It ordered both companies to pay $750,000 each, which is much less than what DDR was asking for but is still ridiculous. What the patent explains was not in any way “new” in September of 1998. I was already working on new deals to provide the same thing months prior, and the company I worked for already had numerous deals where we exactly matched look and feel.”
One suspects that this will be yet another Fed Circuit reversal should Digital River appeal.
For much more information here is a link to the article: http://www.techdirt.com/articles/20121013/01420420698/digital-river-loses-patent-suit-despite-doing-what-was-patent-two-years-before-patent-was-filed.shtml
Here’s another link to an article about the case: http://arstechnica.com/tech-policy/2012/10/jury-finds-patent-on-look-and-feel-for-online-stores-valid-infringed/