Will This Case End East Texas’ Reign as the Patent Litigation Capital?


Paul Devinsky explained why the Eastern District of Texas is the venue for half of US patent litigation by plaintiffs, noting that the District’s judges “have strict rules governing when and if you can file for summary judgment, and they have rules for when you can file a motion to invalidate a patent under Section 101. Also, they won’t limit discovery, which ends up costing defendants a fortune. And unlike most other jurisdictions, they rarely issue a stay if a patent has been challenged at the patent office.”