> The gist behind this case is that the Judge's son owns patent law firm in East Texas where they often represent both sides.
Isn't this a blatant conflict of interest? If this isn't grounds for disbarment, what is?
Isn't this a blatant conflict of interest? If this isn't grounds for disbarment, what is?
(i.e the Judges Son tries a case with a different Judge in town, but that Judge is buddies with the other Judges.)
So there's no allegation that Judge Davis (now retired) actually presided over any of his son's cases, merely that his son stood to benefit from the overall patent-troll friendly climate of the Eastern District court. Not really a clear-cut recusal situation. If anything, the fact that his son's firm represents trolls and victims alike meant there was less reason for a specific bias on behalf of the judge.
One of those 3 letter federal agencies, that government spends $billions on, needs to look at this "not really clear cut situation".
The bit about "specific bias" is interesting. I wouldn't assume that the judge is biased for or against patent trolls, but his position gives him reason to be biased for patent trolling, which isn't quite the same. It would be to the advantage of his son to make a big deal out of cases which don't deserve it. Accepting cases about ridiculous patents would do that, as would encouraging trials for patent cases which are obviously legitimate.
Whether that's happening or not I have no idea, but he clearly has an incentive to keep things stirred up in this area.
https://en.wikipedia.org/wiki/Judicial_disqualification#Appl...