Texas vs. the United States: The Current State of Venue Law and Why it Matters

Texas vs. the United States: The Current State of Venue Law and Why it Matters

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The decision of where patent litigation occurs is often fundamental to the outcome of cases, and certainly determinative with respect to rulings within a case ranging from motions to dismiss to disclosure requirements and everything in between. But the demise of patent litigation in Texas has been greatly exaggerated. While during 2022 the Federal Circuit embarked upon a path that seemed likely to virtually end patent litigation in the both the Western and Eastern district of Texas, things have been quite different in 2023. During 2022 it seemed as if a petition for writ of mandamus to order a Texas court to transfer venue to another district, there has recently been a series of cases where the Federal Circuit has refused to order a transfer, even citing the broad discretion district court judges enjoy when deciding whether to transfer to a more convenient forum.

This panel will discuss a variety of issues that relate to the reality that litigating in one district court is very different from litigating in another district court. Specifically, the panel will explore the following:

— Is the Federal Circuit trying to put the “mandamus genie” back in the bottle?

— Are district courts becoming more adept at deciding motions to transfer so as not to provoke the ire of the Federal Circuit?

— Hostility toward patent litigation financing and disclosure requirements.