The Best of Lawyers Knows When to Hold Them, Knows When to Fold Them and Knows when to Walk Away – Second Cisco blogger suit settles out of Court.Posted by Rose in Charles "Chip" Babcock, Chip Babcock, High Proflie Trials
We followed the first of these two suits through a cold and rainy September right here in the Eastern District Federal Court in Tyler Texas. That lasted for four days and I had hoped finally a blogger, Richard Frenkel of Patent Troll Tracker, could have the staying power with lead attorney, Charles “Chip” Babcock a partner of Jackson and Walker to see what the Courts would say about bloggers. On the day before closing arguments when the attorneys for Cisco Systems Inc. and Fenkel met with the attorney for Eric Albritton, Nicholas H. Patton, a partner in Patton, Tidwell & Schroeder, in Court during a hearing in Tyler in which Richard Frenkel, now known he was a paid blogger and in house lawyer for the giant Cisco Systems Inc. had filed numerous motions. Defendants Frenkel and Cisco lost every motion but perhaps the most important one of proving “actual malice” towards Eric Albritton. That suit settled that night after Babcock had filed to have the trial dismissed for lack of evidence as well as other motions and lost all of them except the “actual malice” Motion.
Cisco Systems Inc. later issued a statement in which it apologized to Albritton and Richard Frenkel is no longer employed by Cisco and the Patent Troll Tracker had closed.
The second suit set for trial in February was settled out of Court on January 8, 2009 after a settlement conference held on Jan. 7 before U.S. Magistrate Judge Erin Setser in Fayetteville, Ark. Patton the lead attorney for T. John “Johnny” Ward Jr. in that suit stated on January 11, 2010 after U.S. District Judge Jimm Larry Hendren had signed an Order dismissing the suit with prejudice, subject to terms of a settlement agreement. As we all know by now settlement agreements are confidential. Patton says the settlement conference ended without an agreement on January 7, but lawyers negotiated some new language and on Jan. 8, Patton received word the morning of January 11 that Cisco Systems Inc had agreed to the terms.
Charles “Chip” Babcock said he could not speak about the suit but would be issuing a statement on behalf of Cisco when he received it from Cisco. Babcock is often referred to as a hired-gun, but comes with a hefty price tag. Babcock is also known as the lawyer judges in Texas go to when they are in trouble. Babcock has represented judges in all levels of the Texas Judicial System all the way up to a currently sitting judge for the Supreme Court of Texas.
I suggest you read all of the links for this blogger trail, I found it fascinated and never knew before that large companies employed paid bloggers to get the edge against their adversaries.
You might do a subject search for Eric Albritton to pull the articles we did during the trial in the Eastern District Federal Court in Tyler Texas.
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January 12, 2010
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