How Newegg crushed the “shopping cart” patent and saved online retail

Re: How Newegg crushed the “shopping cart” patent and saved ... by bstpierre on Sunday January 27, 2013 @11:29PM (#5127131)

It's a Federal court -- you can't avoid jurisdiction just by not doing business in TX.

My understanding is that it's the trolls that open offices in Tyler just so that they can file the suit in that district. I.e. the plaintiff is dragging the defendant into TX, and the defendant can't avoid that court.

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Re: How Newegg crushed the “shopping cart” patent and saved ... by rayiner on Monday January 28, 2013 @12:10PM (#5129350)

Any court, federal or otherwise, has to have personal jurisdiction over the defendant (http://en.wikipedia.org/wiki/Personal_jurisdiction#Principle...). The rules are somewhat complex, but it should at least theoretically be possible to avoid being hauled into court in EDTX by not doing business there, blocking customers from there, etc.

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Re: How Newegg crushed the “shopping cart” patent and saved ... by sthu11182 on Monday January 28, 2013 @10:10AM (#5128754)

It is a little bit more complicated than that. Transferring out of EDTX has been easier since the Fed Cir granted mandamus in In re TS Tech and its progeny (which was based on a 5th Cir decision, In re Volkswagen). The case law is still developing, but patent trolls are having a slightly more difficult time staying in EDTX. http://patently-useless.tumblr.com/

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Re: How Newegg crushed the “shopping cart” patent and saved ... by talmand on Monday January 28, 2013 @11:30AM (#5129166)

Yes, there's been a few reports where someone will investigate the "offices" of the patent troll and it becomes quite clear that no one is actually there. They are just renting the door for the address, more or less. I believe rental properties catering to this is a booming business in a few districts across the US.

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