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October 15, 2015Blog

Fix Venue - Fix Patent Litigation

The Federalist Society

Roughly one-in-five patent cases are filed in the Eastern District of Texas, making it the busiest patent docket in the nation. This anamoly is the result of a venue law that states that an entity can be sued wherever it is subject to personal jurisdiction. See 28 U.S.C. § 1391(c). Whether a person supports or opposes further revisions to our patent laws, a simple change to the venue statute would redistribute many of the cases pending in the Eastern District of Texas to courts throughout the country.

Why would this matter? Consider that only 23% of motions to stay cases pending IPR are granted in the ED of Texas, as compared to 81% in another busy patent docket, the Northern District of Illinois. Also consider that the nation-wide success rate is about 70% for motions challenging patentability under 35 U.S.C. § 101 and under the Supreme Court's recent Alice decision. But that success rate is only 27% in the ED of Texas.

To read the full blog post, click here.

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