Ward v. Cisco Systems, Inc. et al

Filing 70

MOTION to Dismiss For Failure to State a Claim Upon Which Relief May Be Granted by Cisco Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D-1, # 5 Exhibit D-2, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Proposed Order)(Babcock, Charles)

Ward v. Cisco Systems, Inc. et al

Doc. 70 Att. 4

Case 4:08-cv-04022-JLH Document 70-5

Filed 06/12/09 Page 1 of 2

Patent Troll Tracker; ESN Convinces EDTX Court Clerk To Alter Documents To Try To Manufacture Subjeet Matter Jurisdiction Wbere None Existed

An alternative look at patent litigation trends, focusing on the increasing number of patent Lawsuits brought by shell con:Ibrations that make or sell no goods or services.

Thursday, October 18, 2007

C3 ESN Convinces EDTX Court Clerk To Alter Documents To Try To Manufacture Subject Matter Jurisdiction Where None Existed
I got a couple of anonymous emails this morning, pointing out that the docket in ESN v. Cisco (the Texas docket, not the Connecticut docket), had been altered. One email suggested that ESN's local counsel called the EDTX court clerk, and convinced him/her to change the docket to reflect an October 16 filing date, rather than the October 15 filing date. I checked, and sure enough, that's exactly what happened - the docket was altered to reflect an October 16 filing date and the complaint was altered to change the filing date stamp from October 15 to October 16. Only the EDTX Court Clerk could have made such changes.

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Of course, there are a couple of flaws in this conspiracy. First, ESN counsel Eric Albritton signed the Civil Cover Sheet stating that the complaint had been filed on October 15. Second, there's tons of proof that ESN filed on October 15. Heck, Dennis Crouch may be subpoenaed as a witness! You can't change history, and it's outrageous that the Eastern District of Texas may have, wittingly or unwittingly, helped a non-practicing entity to try to manufacture subject matter jurisdiction. Even if this was a "mistake," which can't see how it could be, given that someone emailed me a printout of the docket from Monday showing the case, the proper course of action should be a motion to correct the docket. Blogs I Read
Above The Law (People Magazine, for
Lawyers)

EFF is helping bloggers protect their

Constitutional right to anonymous speech

Ark.001472 Dockets.Justia.com

Case 4:08-cv-04022-JLH Document 70-5
(n.b.:

Filed 06/12/09 Page 2 of 2

Patent Troll Tracker: ESN Convinces EDTX Court Clerk To Atter Documents To Try To Manufacture Sublea Matter Jurisdiction Where None Existed
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don't be surprised if the docket changes back once the higher-ups 0 Benefit of Hindsight ChicaRo IP Litigation [Hog

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in the Court get wind of this, making this post completety irrelevant). EDIT: You can't change history, but you can change a blog entry based on

0 Delaware IP Law Btog information emailed to you from a helpful reader. 0 Dennis Crouch's Patently-0 Slog (the Posted by Rick Frenke( at 1:13 PM Lei Labels: Cisco, ECF, Eric Albritton-, ESN, magically changing docket dates Godfather of Patent Blogs) How Appealing (Howard Bashman) IAM Magazine Blog Nuro-focused) · Ideation Lab
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