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.
Seems like they can just start shell companies in order to avoid being counter-sued.