Albritton v. Cisco Systems, Inc. et al

Filing 251

NOTICE by Cisco Systems, Inc., Richard Frenkel re 247 Proposed Jury Instructions Objections to and Arguement in Support of Joint Proposed Jury Instructions (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Babcock, Charles)

Patent Troll Tracker

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THURSDAY,

OCTOBER 10, 2007

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About Ake Troll Tracker Just a lawyer. Interested in patent cases , but not interested in publicity

ESN Convinces EDTX Court Clerk To After Documents To Try To Manufacture Subject Matter Jurisdiction Where None Existed
t got a cos,ple of anant}arnaus esna^Hs this ntarrtitig, pointing out that the docket to ESN v. Cisco (the Texas docket, not the Connecticut docket ), had been altered. One ema6 suggested that E5N' s local cou riael called the EDTX court clerk , and convinced himlher to change the docket to ref tect an October ib filing date , rather than the October 15 filktg date . I checked , and sure enough , that 's exactly what happened - dw 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. Of course , there are a couple of haws In tads conspkacy , First. E5N counsM lark Albritton signed the CIA Cover Sheet stating that the complaint had been filed on October 15. Second , there ' s taxis of proof that E5N filed on October 15, Heck, Dennis Crouch may be subpoenaed as a witness!
You can ' t change history , and ft's outrageous that the Eastem Qistdtt of Texas is apparently, wittingly or unwittingty , congArfng with a nonpracticing entity to try to manufacture subject matter jurisdiction. This is yet another example of the abusive nature of litigating patent cases In the Banana Repubtic of East Texas. ( n_b.: don ' t be surprised if the docket changes back onca the higherups in the Court gat wind of this, making this post completaty irrelevant). Posted by Troll Tracker at 1,1J_N Q^QJRrpeCltS

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Qtta˘9, tP Litigation 404 PhAtip fti* ' Patent # i1?jiIL^BItIeDt upo qs

WCONESDAV ,

OCTOBER 11, 2007

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Troll Jumps the Gun , Sues Cisco Too E" Well, 1 knew the day would come. I'm getting my trot[ nem from DenrI4_ Crouch now. According to Dennis, a connpany called ESN sued Cisco for patent infringement on October 15th, whsle the patent acid not Issue until October 16th. I looked , and ESN appears to be a shell entity managed by the President and CEO of DirectAdvice, an online ffnancial website. And, yes, he's a lawyer , He clerked for a federal judge In Connecticut, and was an attorney at Day, Berry & Howard. Now he's suing Cisco -on behalf of a rant-practicing entity.

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Bing Archlye t asked eetysetf , can ESN do this? i would thh* that the Court woutd tack subject matter jurisdiction , since BN owned no property right at the time of the lawsWt , and the passage of time should not care that. And, to fact, t, was 69M*
A declaratory judgment of "invalidity" or "noninfringement' with respect to Elks peendkj patent application would have had no legal mewing at effect. The fact that the patet ^ t was about to issue and would have been granted before the court reach" the merits of the case Is of no moment. justiciabdity rnost be judged as of the time of filing, not as of some Mdeterminate future date when the court might reach the merits and the patent has

. 2007 (83)

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fSN Convinces EDTX Court Qom. To Aj-ter. OnCUi^`i?t^ ...

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:tgxas .ltudggt Bans Using. Term "Patent Troll" in ld*... A.Lce*-as. lt .F.ortwt )M a11d. Adendmm to Part 1, Fortune
Wo A Loots at CtW Fortune 100 and P.;itotlt L(ttf;l4klon, P.4, Wt,Week Wasn 't Even thg First Tline.fltro SGaYQna.,.

issued. We therefore hold that a threat Is not sufficient to create a case or controversy unless It Is made with respect to a patent ttuat has issued before a complaint is filed. Thus, the district court correctly heid that there was no justiciable case or controversy in this case at dw time the complaint was filed. GAF contends, however, that the issuance of the '144 patent cured any jurisdictional defect. We disagree. Eater events may not create jurisdiction where none existed at the time of fit",

GAF Building Materfals Corp, v, flk Corp. of Texas. 90 F, 3d 479, 483 (Fed. Cir. 1996) (citations and quotations omitted). One other Interesting tidbit: Cisco appeared to pick up on this, very qukkly. Cisco filed a dectaratory judgment action (In Coe necticut) yesterday, the day after ESN /fled Its null complaint. Since Ckcds tawsult was fRed after the patent Issued , it should stick it

Acacia Targets Limo in Now, st Rad Ha.., Lam.*A Patent Troll Sues Fish Bitl.Gates, Steve . Jobs, Hugt) *fjW.4pd..0rry flYn... Tract At W_00tr_Patent. Slats. f4r5mo ar >i u rr6 Oda to,ppfent Trolls

Comectkut.
Perhaps reafting their fatal flaw (as a couple of other btaggers /netvn items have pointed out), ESN ( represented by Chkago firm McAndrews Held & Malloy and local counsel Erk Aibrittan and T. Johnny Ward) filed an amended complaint in Texarkana today - amending to change absolutely nothing at all, by the way, except the filing date of the complaint, Survoy uW XXXXXX (Insert'Fauttfty Feud" socm here). Sorry, ESN. You're on your way to New Haven. Wander how Johnny Ward will play there?

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Posted by Troll Tracker at 7, 00_p

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b, September (27? ur August 120)

TrollSurfing: Monts Et Ware, Ward & Oliva, and Their Clients
similar to surfing the web , I started by checking out a hunch i had about Maras ft Ware being beWd nit sorts of trail cases. Then f trolisurfe d through a bunch of cases , and I ended up not only with Monts FR Ware ( l)anes litigation firm), but also Ward & Oliva ( patent lawyers from New York/ New Jersey), as a thread behind a bunch of

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