1 00:00:00,080 --> 00:00:02,720 Speaker 1: Now it's time for our daily Bloomberg Lab Brief, exploring 2 00:00:02,800 --> 00:00:05,320 Speaker 1: legal issues in the news, and today Bloomberg La host 3 00:00:05,360 --> 00:00:09,080 Speaker 1: Gregg's Store dessis as a Supreme Court case which decided 4 00:00:09,119 --> 00:00:11,960 Speaker 1: that companies must bring patent cases in the states where 5 00:00:11,960 --> 00:00:15,760 Speaker 1: they are incorporated, rather than choosing a favorable court in 6 00:00:15,800 --> 00:00:18,319 Speaker 1: another part of the country. He speaks with Sue Decker, 7 00:00:18,440 --> 00:00:22,240 Speaker 1: a patent reporter for Bloomberg News. Talk first just about 8 00:00:22,280 --> 00:00:25,360 Speaker 1: what the rule had been before this decision from the 9 00:00:25,360 --> 00:00:29,320 Speaker 1: Supreme Court this week. Basically, it was patent owners could 10 00:00:29,320 --> 00:00:31,600 Speaker 1: file wherever they want to. I used to refer to 11 00:00:31,640 --> 00:00:34,200 Speaker 1: it as the Walmart rule. If the product was sold 12 00:00:34,200 --> 00:00:36,600 Speaker 1: out a Walmart, that was enough to give jurisdiction that 13 00:00:36,880 --> 00:00:41,240 Speaker 1: in whatever court you wanted. So tell us about Martiall Texas. 14 00:00:41,360 --> 00:00:45,600 Speaker 1: That's uh in Eastern Texas, and it is a place 15 00:00:45,720 --> 00:00:50,160 Speaker 1: where patent owners have apparently just loved to file their lawsuits. 16 00:00:50,479 --> 00:00:52,640 Speaker 1: And it's been that way for more than a decade now. 17 00:00:52,760 --> 00:00:56,000 Speaker 1: The entire Eastern District of Texas, which is a rather 18 00:00:56,120 --> 00:00:59,600 Speaker 1: large area, is three point five million people, but Martial 19 00:01:00,120 --> 00:01:04,319 Speaker 1: only twenty people, and yet more than nineteen hundred patent 20 00:01:04,400 --> 00:01:07,240 Speaker 1: suits were filed there last year, and as the Supreme 21 00:01:07,280 --> 00:01:10,319 Speaker 1: Court decision going to end all that just cut of 22 00:01:10,319 --> 00:01:13,600 Speaker 1: back a little. What do we know it's We believe 23 00:01:13,640 --> 00:01:16,959 Speaker 1: it's going to significantly detail it. There is because of 24 00:01:17,000 --> 00:01:20,440 Speaker 1: the fact that they say, oh, domestic, domestic corporations have 25 00:01:20,560 --> 00:01:22,959 Speaker 1: to be sued in the in the areas in which 26 00:01:23,000 --> 00:01:25,480 Speaker 1: they're incorporated. That's going to put a lot of tech 27 00:01:25,520 --> 00:01:28,920 Speaker 1: company cases back in California, for instance. It's going to 28 00:01:29,000 --> 00:01:32,440 Speaker 1: put a lot of cases in Delaware. There's the caveats there. 29 00:01:33,160 --> 00:01:36,800 Speaker 1: One is that it only applies to domestic corporations, and 30 00:01:36,840 --> 00:01:40,160 Speaker 1: the other is that, um, it's going to overwhelm those 31 00:01:40,200 --> 00:01:43,280 Speaker 1: two courts. So there may be some legal arguments to 32 00:01:43,360 --> 00:01:45,759 Speaker 1: keep the cases in Texas or perhaps some other courts. 33 00:01:46,400 --> 00:01:49,400 Speaker 1: Talk to me about who the winners and losers are 34 00:01:49,760 --> 00:01:55,160 Speaker 1: in this, Who who benefits? Because it is now harder 35 00:01:55,200 --> 00:01:58,520 Speaker 1: to sue in places like Marshall, the Silicon Valley companies 36 00:01:58,560 --> 00:02:02,640 Speaker 1: in particular, they get sued a lot in Texas. Um, 37 00:02:02,840 --> 00:02:04,760 Speaker 1: you will have what I refer to as pay me 38 00:02:04,800 --> 00:02:07,560 Speaker 1: to go away cases where it's a patent owner who 39 00:02:07,600 --> 00:02:10,440 Speaker 1: doesn't make a product, probably bought the patent from the 40 00:02:10,480 --> 00:02:14,360 Speaker 1: inventor and it's just looking for a quick by, you know, 41 00:02:14,440 --> 00:02:17,640 Speaker 1: quick sellout. UM. The tech companies can say, no, no, no, 42 00:02:17,720 --> 00:02:20,840 Speaker 1: you have to have these cases filed in California, which 43 00:02:20,880 --> 00:02:23,440 Speaker 1: is going to be inconvenient, it's going to be more expensive, 44 00:02:23,560 --> 00:02:25,840 Speaker 1: and you're going to have more tech savvy juries, so 45 00:02:25,880 --> 00:02:28,480 Speaker 1: they won't be able to get as much money. Um. 46 00:02:28,680 --> 00:02:31,160 Speaker 1: The So the tech companies will love it, as some 47 00:02:31,280 --> 00:02:33,920 Speaker 1: of the smaller independent, um, what they refer to as 48 00:02:34,000 --> 00:02:37,880 Speaker 1: nonpracticing entities pejoratively as trolls, are not going to like it. 49 00:02:38,560 --> 00:02:41,600 Speaker 1: And that's Sue Decker, a patent reporter for Bloomberg News, 50 00:02:41,600 --> 00:02:43,680 Speaker 1: speaking with the Bloomberg Lah host Gregg's Store. You can 51 00:02:43,680 --> 00:02:45,839 Speaker 1: listen to Bloomberg Law week days at one pm Wall 52 00:02:45,880 --> 00:02:49,320 Speaker 1: Street Time here on Bloomberg Radio, and that is this 53 00:02:49,360 --> 00:02:52,079 Speaker 1: morning's Bloomberg Lawbrary. If you can find more legal news 54 00:02:52,200 --> 00:02:55,760 Speaker 1: at Bloomberg Law dot com and Bloomberg b NA dot com. 55 00:02:55,960 --> 00:02:59,560 Speaker 1: Attorneys will find exceptional legal research and business development tools 56 00:02:59,600 --> 00:03:02,600 Speaker 1: there as well. Visit Bloomberg Law dot com and Bloomberg 57 00:03:02,680 --> 00:03:04,800 Speaker 1: BNA dot com for more information