T. John Ward

Infobox Judge


imagesize = 150px
name = T. John Ward
imagesize =
caption =
office = United States federal judge
termstart = September 1999
termend =
nominator = Bill Clinton
appointer =
predecessor =
successor = Incumbent
office2 =
termstart2 =
termend2 =
nominator2 =
appointer2 =
predecessor2 =
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birthdate = 1943
birthplace = flagicon|Texas Bonham, Texas
deathdate =
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spouse =
alma_mater = Texas Tech University
Baylor University
religion =

T. John Ward is a United States federal judge mostfamous for the large number of patent cases brought beforehim.His court is in Marshall, Texas.He serves in the
United States District Court for the Eastern District of Texas. cite web
url = http://www.nytimes.com/2006/09/24/business/24ward.html?ex=1316750400&en=65001ada21beb03a&ei=5088&partner=rssnyt&emc=rss
title = So Small a Town, So Many Patent Suits
accessdate = 2007-06-12
date = 2006-09-24
last = Creswell
first = Julie
work = The New York Times
language = English]

Biography

T. John Ward was born in 1943 in Bonham, Texas.cite web
url = http://www.fjc.gov/servlet/tGetInfo?jid=2829
title = Ward, T. John
accessdate = 2007-06-12
work = Federal Judicial Center
language = English ] He received a Bachelor of Arts in 1964 from
Texas Tech University. Ward received a Bachelor of Laws in 1967 from the
Baylor University School of Law.

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

On January 26 1999
President Bill Clinton nominated Ward to the district.cite web
url = http://www.technologyreview.com/read_article.aspx?id=16280&ch=infotech
title = A Haven for Patent Pirates
accessdate = 2007-06-12
date = 2006-02-03
last = Williams
first = Sam
work = Technology Review
publisher = MIT
language = English] Ward was confirmed by the United States Senate on July 13 1999and received his commission on July 15 1999.Ward joined the bench in September 1999.cite web
url = http://www.law.com/jsp/article.jsp?id=1103549728998
title = Texas IP Rocket Docket Headed for Burnout?
accessdate = 2007-06-12
date = 2004-12-28
last = Baldas
first = Tresa
work = The National Law Journal
language = English]

Charitable causes

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.

Honors

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.

cite web
url = http://www.baylor.edu/pr/news.php?action=story&story=6882
title = East Texas Judge Selected As 2004 Baylor Lawyer Of The Year
accessdate = 2007-06-12
date = 2006-03-14
language = English ]

Patent cases

Ward has been described as a "plain-talking Texan" cite web
url = http://www.theglobeandmail.com%2Fservlet%2Fstory%2FLAC.20060505.RMARSHALL05%2FTPStory
title = Venue shopping? See you in Marshall
accessdate = 2007-06-12
date = 2006-05-05
last = McKenna
first = Barrie
work = The Globe and Mail
language = English] who maintains a "folksy demeanor" and a "fiery temper". He enjoys patent cases, citing their intellectual challenge. Ward has been credited as having a solid knowledge of patent law and a dedication to efficiency. Attorney Willem Schurrman has described Ward as beingwell-prepared and well-versed in the cases he hears.

He became interested in patent law while defending Hyundai Electronics against a lawsuit by Texas Instruments.cite web
url = http://seattletimes.nwsource.com/html/businesstechnology/2002963706_btpatentheaven01.html?syndication=rss
title = Texas district is heaven for patent holders under siege
accessdate = 2007-06-12
date = 2006-05-01
last = Decker
first = Susan
work = The Seattle Times
language = English] Hyundai lost and Texas Instruments was awarded $25.2 million in 1999.

Since Ward joined the Eastern District of Texas, the district has seen a tenfold increase in cases since1999. There were 14 patent cases in 1999,32 in 2002, 155 in 2005,and 234 in 2006. The district is one of eight with more than 100 new patentfilings each year. Ward has heard more than 160 patent cases in his first seven years on the bench. He had been handling 90% of the patent cases in Marshall, but later was reduced to 60%.

Patent cases presented before Ward are more frequently won by the patent holder plaintiff than the defense.cite web
url = http://www.techdirt.com/articles/20060203/0332207.shtml
title = Why Patent Trolls Worldwide Love Marshall, Texas
accessdate = 2007-06-12
date = 2006-02-03
last = Masnick
first = Mike
work = Techdirt
language = English] One source claims that patent holders win 88% of the time in Ward's court, compared to an average of 68% nationwide. Another source claims that patent cases in Marshall are won by patent holders 78% of the time versus 59% nationwide. And a third source claims that in 90% of cases patent holders win jury verdicts.

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

Ward has been described as pushing cases through quickly. His court has been described as a "rocket docket" for its speed.cite web
url =http://blogs.wsj.com/law/2006/03/27/are-patent-trolls-grazing-the-east-texas-plains/
title = Patent Trolls: Grazing the Piney Woods?
accessdate = 2007-06-12
date = 2006-03-27
last = Lattman
first = Peter
work = Law Blog
publisher = Wall Street Journal
language = English] 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.cite web
url =http://www.dallasnews.com/sharedcontent/dws/bus/stories/DN-marshall_26bus.ART0.State.Edition1.3eb99e4.html
title = Business
accessdate = 2007-06-12
date = 2006-03-26
last = Pusey
first = Allen
work = The Dallas Morning News
language = English]

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.” Lawyers who do not move quickly enough are sanctioned. Ward credits his rules and resulting speed with causing the increase in patent suits filed in the district. Fast cases reduce expenses for financially strapped plaintiffpatent holders. Attorney Henry Bunsow claims that the fast cases can "cut legal fees in half."

His trial rules include strict timetables and the use of a chess clock to time opening and closing arguments. 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.cite web
url =http://www.insidecounsel.com/issues/insidecounsel/15_205/circuits/538-1.html
title = Small Town Attracts High Stakes IP Case
accessdate = 2007-06-12
date = 2006-06-28
last = Miller
first = Julie
work = Inside Counsel
language = English]

Defendants have incentive to settle rather than risk larger expenses.

There are claims that the juries in Marshall are plaintiff-friendly. 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."Ward has described the district as historically "plaintiffs-oriented," and has described the Marshall jury pool as "defenders of property rights" and "friendly to patent owners' interests."

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

T. John "Johnny" Ward, Jr.

T. John Ward's son, T. John "Johnny" Ward, Jr. is an attorney who is frequently called on to litigate patent cases in the Eastern District of Texas.cite web | url = http://www.setexasrecord.com/news/209237-patent-troll-tracker-sued-for-defamation | title = Patent troll tracker sued for defamation | accessdate = 2008-03-16 | date = 2008-03-13 | last = Massey | first = Michelle | work = Southeast Texas Record | publisher = Southeast Texas Record | language = English | archiveurl = http://www.webcitation.org/query?url=http%3A%2F%2Fwww.setexasrecord.com%2Fnews%2F209237-patent-troll-tracker-sued-for-defamation&date=2008-03-16 | archivedate = 2008-03-16 ]

References

External links

* [http://www.txed.uscourts.gov/Judges/Ward/Ward.htm Judge T. John Ward] - Official web page

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=