Saturday, December 01, 2007

IP and PI: happy together?

IPBiz noted the following text in an article (Discovering a Patent Troll) by Zusha Elinson about Edward "Rusty" Rose III:

NextCard's lead counsel, Donald Puckett of Monts & Ware, a Dallas firm specializing in intellectual property and personal injury law, said his client won't comment on pending litigation.

Is this the shape of things to come??

Elsewhere in the article:

But Rose has made at least one colorful foray into Silicon Valley before. In 2000, Rose's Cardinal Partners was the lead plaintiff in a stock-drop suit against Santa Clara's Terayon Communication Systems Inc. At the same time, Cardinal had already taken a big short position on Terayon, betting that the stock would drop, and bad-mouthed the company to journalists, according to media reports at the time.

U.S. District Judge Marilyn Hall Patel made no bones about disqualifying Cardinal as the lead plaintiff for playing both sides of the fence. She chastised Cardinal and plaintiffs' counsel at Milberg Weiss Bershad Hynes & Lerach in a 2004 order, saying the issues raised in the case "leave the court to speculate whether counsel for plaintiffs actively participated in or provided advice to plaintiffs regarding their scheme to cause a fall in Terayon's stock price."

Rose got hold of the NextCard patents this spring -- a tale of dot-com tragedy and trolling intrigue that drew the notice of the Patent Troll Tracker blog. He bought them in a contentious auction from bankrupt Bay Area bubble child NextCard, which at one time issued credit cards, backed by its banking unit, NextBank.


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