Lawsuits » Patent Suits Dive In Eastern District Of Texas

Patent Suits Dive In Eastern District Of Texas


October 16, 2017

Last year there were more patent lawsuits filed in the Eastern District of Texas than the next four judicial districts combined, but since the Supreme Court’s ruling in TC Heartland, there has been a 60 percent drop off. East Texas was initially attractive because of its so-called “rocket docket” venue, later because non-practicing entities knew judges there rarely granted summary judgment to defendants, even after the Supreme Court’s Alice decision. Much of the litigation seems to have moved to Delaware, where the single judicial district has seen an increase in patent suits of roughly 75 percent. TC Heartland allows a company to be sued for patent infringement where it “resides,” typically the state in which it is incorporated which more often than not is Delaware, but the Delaware district is no rocket docket. It is short judges, a situation that is unlikely to change given the gridlock in Congress.

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