Voip Pal Com Inc (VPLM)

[rapz]

We hear en banc petition, writ of mandamus, etc. Reviewing the statistics of patent cases across US judiciary, VPLM has the best chance of convincing their patent claims and winning infringement in WACO Texas under Judge Albright. There is a ton of information - too much to post here. Links will be posted later.

1) Texas patent courts - both Eastern and Western Districts - used to have the best results for patent owners, almost 80% win (data not updated?). Next, Delaware court which is neutral for all litigants. Since many corporations are incorporated in Delaware, proper venue is not an issue. The worse are Northern District of California and the US Supreme court. Less than 15% of patent holders win in US Supreme Court. SCOTUS understanding of patent laws is worse than that in the Federal Circuit. Even the Federal circuits check only the legality of district court rulings but NOT the technology underlying the patent claims that are being denied for Alice. Much worse is NDCA. Now you know why the US judicial system for patents is so screwed up. Congress will make it worse, not better, because people in power do not have the patent experience, no clue about ideas of innovation and creativity, etc. VPLM has to find the best and quickest route to winning infringement. May be Judge Albright in WACO is the answer.
2) It is not just Koh but the whole NDCA has a policy to bring up Alice (Abstract) much earlier in the lawsuit. Damages awarded went down from $45 million to $13 million in a year, saving $ for the Silicon Valley. Compare this to more than 3000 cases in Texas Eastern district and jury wards generously to patent holders, 2 years ago.
3) After the SCOTUS ruled on TC Heartland case, many defendants moved away from Texas. About 1000 cases or so are being filed in Texas.

Based on the above statistics, clueless Koh is doing what NDCA expected her to do - namely rejecting cases much earlier based on Alice without claim construction which is time-consuming. AAPL is exploiting this! The case load in NDCA averages about 200 cases/yr; district judges hurry up to end the cases. That explains Koh's frustrations with VPLM cases because it takes too much of her time, running behind on her calendar schedule. In NDCA, court clerks are not allowed to communicate with litigant attorneys directly. That could be a reason why VPLM's offer of expert testimony to explain the technology to Koh did not succeed.

Therefore, it may not be fruitful to go back to Koh's court (mandamus or whatever) and argue with her again to convince her of her errors. She is too arrogant to accept defeat. AAPL is exploiting this. Wish VPLM spends money and effort in WACO - with help from PTAB/USPTO technology experts. Judge Albright likes flow charts that explain the technology and likes to listen to audiotapes in his spare time. We understand if VPLM does not reveal their strategy. Hope their strategy moves positively toward monetizing their patents for shareholders.

NDCA may not be all bad apples except one judge Edward J. Davila in the same San Jose court house as Koh. He has a standing order for patent cases like Judge Albright. Not much is known about his rulings or his past experience with patents.
https://www.cand.uscourts.gov/judges/davila-edward-j-ejd/

His standing order for patent cases, is remarkably detailed and worth reviewing.

Maybe a mandamus may be used to transfer the case from Koh to judge Davila. Just a thought. The search continues.