Eric Albritton’s aspersion accusation adjoin Rick Frenkel and his above employer Cisco Systems is underway in the Eastern District of Texas. In my opinion, the case is ridiculous. However, it should serve as a admonition that those angrily adjoin assertive types of accent can generally shut-down that speech. Frenkel has adumbrated that he will not animate his broadcast tracker blog.
The accomplished altercation began back Albritton’s activity aggregation (on account of ESN) filed a credible contravention activity adjoin Cisco in the Eastern District of Texas. The cyberbanking timestamp of the filing was October 15, 2007 alike admitting the credible did not affair until October 16. Of course, a patentee has no continuing to book a accusation until the credible issues. I appear on that alterity in an October 16 Patently-O post. [Link].
A few canicule later, Frenkel appear that the filing date had been afflicted by the agent afterwards apprehension or motion. In his report, Frenkel appropriate that
“ESN’s bounded admonition alleged the EDTX cloister agent and assertive him/her to change the calendar to reflect an October 16 filing date, rather than the October 15 filing date. I checked, and abiding enough, that’s absolutely what happened â the calendar was adapted to reflect an October 16 filing date and the complaint was adapted to change the filing date brand from October 15 to October 16. Only the EDTX Cloister Agent could accept fabricated such changes. . . . This is yet addition archetype of the calumniating attributes of litigating credible cases in the Banana Republic of East Texas.”
In a afterwards posting, Frenkel articular Albritton as ESN’s bounded counsel.
Albritton allegedly does not altercation the actuality that the aboriginal calendar area adumbrated October 15 or that his appointment assertive the agent to change the date stamp. However, he explains that the change was able because the cyberbanking filing had been started above-mentioned to midnight, but was not assuredly submitted until afterwards midnight.
Albritton after filed a aspersion clothing adjoin Frenkel, several of his colleagues at Cisco, and adjoin Cisco itself. The base of the aspersion clothing is the basal association that Albritton acted illegally in accepting the calendar area changed.
Complicating the case are the issues that: (1) Frenkel was at the time announcement anonymously as the “Patent Broadcast Tracker;” (2) the calendar area change complex a case adjoin Frenkel’s employer Cisco; (3) Frenkel additionally mentioned addition attorney, Johnny Ward, son of E.D.Tex. Judge Ward; and (4) The abridgement of account for the E.D.Tex. credible in the Broadcast Tracker posts.
Joe Mullin has been advertisement on the capacity of the trial. [Link]
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