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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.

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Courts may seem antiquated but a reasonable judge will see right through these games.

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Rackspace's goal is to kill the patents. The people can move on, but the would need new IP.

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