T. John Ward

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T. John Ward
T. John Ward
Incumbent
Assumed office 
September 1999
Nominated by Bill Clinton
Born 1943
Flag of Texas Bonham, Texas
Alma mater Texas Tech University
Baylor University

T. John Ward is a United States federal judge most famous for the large number of patent cases brought before him. His court is in Marshall, Texas. He serves in the United States District Court for the Eastern District of Texas.[1]

Contents

[edit] Biography

T. John Ward was born in 1943 in Bonham, Texas.[2] He received a Bachelor of Arts in 1964 from Texas Tech University.[2] Ward received a Bachelor of Laws in 1967 from the Baylor University School of Law.[2] In 2004, Ward was honored by Baylor University Law School as its Baylor Lawyer of the Year. The award is given annually to an outstanding alumnus who has brought honor and distinction to Baylor Law School and the legal profession. [3]

Ward was in private practice from 1968 through 1999.[2] Prior to joining the bench, Ward was a malpractice and product-liability lawyer.[1]

On January 26, 1999 President Bill Clinton nominated Ward to the district.[2][4] Ward was confirmed by the United States Senate on July 13, 1999 and received his commission on July 15, 1999.[2] Ward joined the bench in September of 1999.[1][5]

Ward's civic activities include service on the board of trustees of the Good Shepherd Medical Center from 1987-91 and 1994-99; service on the board of directors in the Good Shepherd Foundation from 1986-88 and 1994-97; and service on the advisory board of the East Texas Literacy Council from 1987-91.[3]

T. John Ward's son, T. John "Johnny" Ward Jr. is a patent attorney.[6]

[edit] Patent cases

Ward has been described as a "plain-talking Texan" [7] who maintains a "folksy demeanor" and a "fiery temper".[1] He enjoys patent cases, citing their intellectual challenge.[5] [7] Ward has been credited as having a solid knowledge of patent law and a dedication to efficiency.[4] Attorney Willem Schurrman has described Ward as being well-prepared and well-versed in the cases he hears.[8]

He became interested in patent law while defending Hyundai Electronics against a lawsuit by Texas Instruments.[9] Hyundai lost and Texas Instruments was awarded $25.2 million in 1999.[9]

Since Ward joined the Eastern District of Texas, the district has seen a tenfold increase in cases since 1999.[9] There were 14 patent cases in 1999,[9] 32 in 2002,[1] 155 in 2005,[9] and 234 in 2006.[1] The district is one of eight with more than 100 new patent filings each year.[9] Ward has heard more than 160 patent cases in his first seven years on the bench.[4] He had been handling 90% of the patent cases in Marshall, but later was reduced to 60%.[5]

Patent cases presented before Ward are more frequently won by the patent holder plaintiff than the defense.[10] One source claims that patent holders win 88% of the time in Ward's court, compared to an average of 68% nationwide.[4] Another source claims that patent cases in Marshall are won by patent holders 78% of the time versus 59% nationwide.[1] And a third source claims that in 90% of cases patent holders win jury verdicts.[9]

Ward believes the problem of patent trolls is overstated and that his record of only being overturned once supports this view.[8] Between taking the bench in 1999 and June of 2006, Ward was only overturned in one patent case.[11][8]

Ward has been described as pushing cases through quickly.[10] His court has been described as a "rocket docket" for its speed.[1][5][12] To speed things up, Ward has adopted a set of rules covering both litigation and trial activities. Ward's rules are based on rules from the United States District Court for the Northern District of California.[11][8]

His litigation rules include early disclosure of positions, establishment of firm case deadlines, and sanctions for parties abusing the discovery process. Attorney Alan Fisch says that the "jurisdiction has a tailored set of rules for patent cases that streamline certain of the pretrial proceedings — generally this benefits both plaintiff and defendant.” [7] Lawyers who do not move quickly enough are sanctioned.[9] Ward credits his rules and resulting speed with causing the increase in patent suits filed in the district.[1] Fast cases reduce expenses for financially strapped plaintiff patent holders.[4] Attorney Henry Bunsow claims that the fast cases can "cut legal fees in half."[5]

His trial rules include strict timetables and the use of a chess clock to time opening and closing arguments.[1] Each side in a case might receive between 9 and 15 hours for evidence, compared to other courts where it might take a month or more.[11]

Defendants have incentive to settle rather than risk larger expenses.[4][1]

There are claims that the juries in Marshall are plaintiff-friendly.[1] There is disagreement about the court's patent-friendliness. Charles Baker and Daniel Perez, attorneys who have both defended against patent suits in Ward's court, describe the court as "fair."[5] Ward has described the district as historically "plaintiffs-oriented,"[1] and has described the Marshall jury pool as "defenders of property rights" and "friendly to patent owners' interests."[9] [7]

Some claim that plaintiffs often have an advantage because they hire Marshall lawyers more likely to know the jurors and benefit from that information.[1]

[edit] References

  1. ^ a b c d e f g h i j k l m n Creswell, Julie (2006-09-24). So Small a Town, So Many Patent Suits (English). The New York Times. Retrieved on 2007-06-12.
  2. ^ a b c d e f Ward, T. John (English). Federal Judicial Center. Retrieved on 2007-06-12.
  3. ^ a b East Texas Judge Selected As 2004 Baylor Lawyer Of The Year (English) (2006-03-14). Retrieved on 2007-06-12.
  4. ^ a b c d e f Williams, Sam (2006-02-03). A Haven for Patent Pirates (English). Technology Review. MIT. Retrieved on 2007-06-12.
  5. ^ a b c d e f Baldas, Tresa (2004-12-28). Texas IP Rocket Docket Headed for Burnout? (English). The National Law Journal. Retrieved on 2007-06-12.
  6. ^ Massey, Michelle (2008-03-13). Patent troll tracker sued for defamation (English). Southeast Texas Record. Southeast Texas Record. Archived from the original on 2008-03-16. Retrieved on 2008-03-16.
  7. ^ a b c d McKenna, Barrie (2006-05-05). Venue shopping? See you in Marshall (English). The Globe and Mail. Retrieved on 2007-06-12.
  8. ^ a b c d Pusey, Allen (2006-03-26). Business (English). The Dallas Morning News. Retrieved on 2007-06-12.
  9. ^ a b c d e f g h i Decker, Susan (2006-05-01). Texas district is heaven for patent holders under siege (English). The Seattle Times. Retrieved on 2007-06-12.
  10. ^ a b Masnick, Mike (2006-02-03). Why Patent Trolls Worldwide Love Marshall, Texas (English). Techdirt. Retrieved on 2007-06-12.
  11. ^ a b c Miller, Julie (2006-06-28). Small Town Attracts High Stakes IP Case (English). Inside Counsel. Retrieved on 2007-06-12.
  12. ^ Lattman, Peter (2006-03-27). Patent Trolls: Grazing the Piney Woods? (English). Law Blog. Wall Street Journal. Retrieved on 2007-06-12.

[edit] External links

Persondata
NAME Ward, T. John
ALTERNATIVE NAMES
SHORT DESCRIPTION United States federal judge
DATE OF BIRTH 1943
PLACE OF BIRTH Bonham, Texas
DATE OF DEATH
PLACE OF DEATH