Strike 3 (Bit)Torrent

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People have asked me recently why we decided to open a second office in the Sherman Division, since we already have a large office in Frisco.  Here’s an example of why.

Waco gets a lot of attention these days, and rightfully so, but yesterday alone there were 18 IP cases filed in the Sherman Division of the EDTX – 11 patent infringement cases filed by two plaintiffs, as well as seven more copyright infringement cases.  (I’m not even going to start about the non-IP civil or the criminal dockets, both of which are monstrous, statistically speaking).

And the copyright infringement cases are interesting ones – they represent an additional batch of cases brought by Strike 3 Holdings LLC against a number of John Doe subscribers arising out of Strike 3’s claim that the defendants have illegally downloaded their adult entertainment products using BitTorrent. These are not new cases in the Sherman Division – judges already have numerous such cases on the docket, and in one, Judge Sean Jordan recently addressed the first issue that comes up in these cases, which is the plaintiff’s request for discovery to the John Doe defendants’ Internet service providers (ISPs) to identify the defendants so they can be served with process, and the protective order terms under which the discovery will take place.

The case included 11 defendants when the order issued in June of this year, and many more defendants have been added, not to mention the ISPs affected. Under this order the ISPs are served, who in turn serve the numerous individual defendants, who can then seek relief with respect to the subpoena, including having their attorneys contest the subpoena, in whole or in part, if they so choose.

Dozens of additional parties added in these new EDTX cases, and all assigned obligations as a result of one day’s filings. Some in Plano, and some in Sherman. The boots are on the ground to handle it if needed – but in this line of work, they need desks too. Or at least wifi, a power outlet, and a copy of the local rules.

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