I came across a great article written by Michael Smith, who also runs the Eastern District of Texas Federal Court Practice blog, which summarizes and analyzes District Court decisions that are interpreting eBay. The article also gives interesting background information on some of the Judges of the E.D. of Texas. The article is definitely worth reading and the pdf is available here. I knew the E.D. of Texas was known for returning plaintiffââ?¬â?¢s verdicts, but I was unaware that the $133 Million verdict in z4 Technologies v. Microsoft was almost as much as all the patent jury verdicts handed down in the E.D. of Texas since 1999 combined! Other results were somewhat surprising. Of the nine cases reviewed at the time the article was written, four of them were denied injunctions (z4 Technologies v. Microsoft, Finisar v. DirectTV, Paice v. Toyota, and Voda v. Cordis Corp.). Also surprising was three out of the four cases that were heard by the E.D. of Texas were denied injunctions. What is the reason for this geographic difference? Perhaps more ââ?¬Å?trollsââ?¬Â? are filling suit in the E.D. of Texas than elsewhere, causing the Judges to follow Justice Kennedyââ?¬â?¢s concurrence. All cases in which the permanent injunction issued, the plaintiff was a direct competitor and was manufacturing a product. Michael Smith predicts more defendants will litigate the case on the merits and settlements will occur later rather than sooner. Kudos to him for this well written article.

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