U.S. District Court Patent Litigation: Where to File & What to Expect *

U.S. District Court Patent Litigation: Where to File & What to Expect *

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Is patent litigation out of control? The answer largely depends upon your point of view and experiences, but the data suggests fewer patent lawsuits are filed than one would expect given the number of patents issued every year.

What is clear, however, is the reality that where your patent litigation takes place matters greatly with respect to your chance of winning, and particularly with respect to the granting of dispositive pre-trial motions.

In a world where it really matters where the litigation takes place, the United States Court of Appeals for the Federal Circuit (CAFC) has become enamored with the power of the writ of mandamus to correct what they do not like, and they do not like patent owners filing patent infringement actions in Texas. Or, perhaps it is more accurate to say that while they might not mind patent owners filing patent infringement actions in Texas, they typically expect federal district court judges in Texas to order those patent owners off to other courthouses far more sympathetic to implementers outside of Texas upon the request of defendants.

This panel will discuss the current state of the law relating to venue, transfer, and mandamus. Where are patent litigations filed most often, and what can litigants expect in those most active patent courthouses? The panel will also dissect Federal Circuit decisions for best practices on how to win and how to oppose motions to transfer at the district court.

Materials

The Patent Venue Statute: A Dinosaur that Needs Extinction

Mandamus and the Battle Over Venue in Modern America