Can anyone explain if it's possible for this patents to just go from one company to another? Like what's is stopping IP Nav and Parallel Iron from just creating a new corporation and transferring their IP if Rackspace succeeds in this lawsuit?
Seems like they can just start shell companies in order to avoid being counter-sued.
Not exactly sure what you're going for, but you sue based on facts as they were at a particular point in time. Transferring a patent or doing a hide the ball move doesn't work so well in court, particularly federal court.
Res judicata is the concept that once a party in a suit has facts determined of a particular situation in one court, that party can't then go into another court and argue the opposite.