Albritton v. Cisco Systems, No. 2008-481-CCL2 (Tex. County Ct., Gregg County filed March 3, 2008; removed to federal court March 14, 2008)
Albritton v. Cisco Systems, No. 6:2008-cv-00089 (E.D. Tex. March 14, 2008).
Status: Settled
See also Ward v. Cisco Systems.
Eric Albritton and T. John Ward, Jr., two attorneys representing a company which claims that Cisco violated its patents (in ESN, LLC v. Cisco Systems, Inc., Civil No. 07-00156 (E.D.Tex. stipulated dismissal Nov. 2, 2007)) both filed their own lawsuits against the author of the Patent Troll Tracker blog (www.trolltracker.blogspot.com; now members only).
The defamation suits claim that a posting on the blog defamed the attorneys by alleging that although the patent suit had been filed on Oct. 15, 2007 (the day before the patent at issue was granted), the attorneys got the court clerk to change the date to Oct. 16, 2007 in order to avoid having the case dismissed. (They parties eventually agreed to a stipulated dismissal of the patent case in Texas, although another case in Connecticut is still pending.)
After a four day trial, the parties reached a confidential settlement on Sept. 22, just as the case was due to be presented to the jury.
Links and Court Documents:
State complaint: http://patentlyo.com/patent/law/ESN.Complaint.pdf
Federal docket: http://news.justia.com/cases/featured/texas/txedce/6:2008cv00089/108629/
http://www.law.com/newswire/cache/1202433833679.html
http://www.law.com/newswire/cache/1202433888643.html
http://www.law.com/newswire/cache/1202433934721.htm
http://www.law.com/jsp/article.jsp?id=1202433996591
This list, maintained by the MLRC Institute, lists incidences in the United States in which online speech is threatened, whether through libel suits, criminal investigations, or other means. If you know of something we missed, please let us know. For more details on this list, see “Notes and Sources” below.
Showing posts with label Patents. Show all posts
Showing posts with label Patents. Show all posts
Ward v. Cisco Systems, No. 08-4022 (W.D. Ark. filed March 13, 2008).
Status: Plaintiff voluntarily dismissed claims against blogger; claims against blogger’s former employer remain. After withdrawing his suit in Texas state court, patent attorney T. John Ward, Jr. sued the author of the Patent Troll Tracker blog (www.trolltracker.blogspot.com; now members only) and his employer.
The plaintiff than voluntarily dismissed the claims against the blogger, 2008 WL 4079286 (Aug. 28, 2008), levaing only the claims against the blogger's employer.
Trial on the remaining claims is scheduled for February 2010.
Status: Plaintiff voluntarily dismissed claims against blogger; claims against blogger’s former employer remain. After withdrawing his suit in Texas state court, patent attorney T. John Ward, Jr. sued the author of the Patent Troll Tracker blog (www.trolltracker.blogspot.com; now members only) and his employer.
The plaintiff than voluntarily dismissed the claims against the blogger, 2008 WL 4079286 (Aug. 28, 2008), levaing only the claims against the blogger's employer.
Trial on the remaining claims is scheduled for February 2010.
Ward v. Cisco Systems, No. 2007-2502-A (Tex. Dist. Ct., Gregg County filed Nov. 7, 2007)
Status: Withdrawn
Eric Albritton and T. John Ward, Jr., two attorneys representing a company which claims that Cisco violated its patents (in ESN, LLC v. Cisco Systems, Inc., Civil No. 07-00156 (E.D.Tex. stipulated dismissal Nov. 2, 2007)) both filed their own lawsuits against the author of the Patent Troll Tracker blog (www.trolltracker.blogspot.com; now members only).
The defamation suits claim that a posting on the blog defamed the attorneys by alleging that although the patent suit had been filed on Oct. 15, 2007 (the day before the patent at issue was granted), the attorneys got the court clerk to change the date to Oct. 16, 2007 in order to avoid having the case dismissed. (They parties eventually agreed to a stipulated dismissal of the patent case in Texas, although another case in Connecticut is still pending.)
Ward initially sued the anonymous blogger as John Doe, and sought to obtain the blogger’s identity by seeking to depose Google. But on Feb. 23 -- after Chicago attorney Ray Niro offered a reward for the identity of the blog’s author and the blogger received an e-mail threatening to identify him -- the blogger identified himself as Rick Frenkel, an attorney who held the position of director of intellectual property at Cisco. Ward then amended his complaint to name Frenkel and his employer.
Later, Ward withdrew the Texas state case, and filed a federal suit in Arkansas against the same defendants.
Links and Court Documents:
http://www.law.com/jsp/article.jsp?id=1205491400004&rss=newswire
http://www.setexasrecord.com/news/209237-patent-troll-tracker-sued-for-defamation
http://techdirt.com/articles/20080312/020814510.shtml
http://www.patentlyo.com/patent/2008/03/troll-tracker-d.html
http://thepriorart.typepad.com/the_prior_art/2008/03/judge-wards-son.html
http://thepriorart.typepad.com/the_prior_art/2008/03/ward-jr-may-hav.html
http://www.informationweek.com/news/management/legal/showArticle.jhtml?articleID=210003653&cid=RSSfeed_IWK_All
Complaint: http://thepriorart.typepad.com/the_prior_art/files/Ward_v_Cisco_Gregg_complaint.pdf
Docket: http://co.gregg.tx.us/OdysseyPA/CaseDetail.aspx?CaseID=246928
Status: Withdrawn
Eric Albritton and T. John Ward, Jr., two attorneys representing a company which claims that Cisco violated its patents (in ESN, LLC v. Cisco Systems, Inc., Civil No. 07-00156 (E.D.Tex. stipulated dismissal Nov. 2, 2007)) both filed their own lawsuits against the author of the Patent Troll Tracker blog (www.trolltracker.blogspot.com; now members only).
The defamation suits claim that a posting on the blog defamed the attorneys by alleging that although the patent suit had been filed on Oct. 15, 2007 (the day before the patent at issue was granted), the attorneys got the court clerk to change the date to Oct. 16, 2007 in order to avoid having the case dismissed. (They parties eventually agreed to a stipulated dismissal of the patent case in Texas, although another case in Connecticut is still pending.)
Ward initially sued the anonymous blogger as John Doe, and sought to obtain the blogger’s identity by seeking to depose Google. But on Feb. 23 -- after Chicago attorney Ray Niro offered a reward for the identity of the blog’s author and the blogger received an e-mail threatening to identify him -- the blogger identified himself as Rick Frenkel, an attorney who held the position of director of intellectual property at Cisco. Ward then amended his complaint to name Frenkel and his employer.
Later, Ward withdrew the Texas state case, and filed a federal suit in Arkansas against the same defendants.
Links and Court Documents:
http://www.law.com/jsp/article.jsp?id=1205491400004&rss=newswire
http://www.setexasrecord.com/news/209237-patent-troll-tracker-sued-for-defamation
http://techdirt.com/articles/20080312/020814510.shtml
http://www.patentlyo.com/patent/2008/03/troll-tracker-d.html
http://thepriorart.typepad.com/the_prior_art/2008/03/judge-wards-son.html
http://thepriorart.typepad.com/the_prior_art/2008/03/ward-jr-may-hav.html
http://www.informationweek.com/news/management/legal/showArticle.jhtml?articleID=210003653&cid=RSSfeed_IWK_All
Complaint: http://thepriorart.typepad.com/the_prior_art/files/Ward_v_Cisco_Gregg_complaint.pdf
Docket: http://co.gregg.tx.us/OdysseyPA/CaseDetail.aspx?CaseID=246928
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