Although still the most popular district court for new patent cases. The magnetism of the Eastern District of Texas may be beginning to wane. Two recent cases:
- Weinstein v. UGS Corp: This is not a patent case — however it may be indicative of the court’s new favorite word: Transfer. Here, the court transferred a civil case back to Michigan were the best locus of facts and witnesses could be found.
TGIP v. AT: TGIP won a $156 million patent infringement verdict — the largest patent verdict ever in the Eastern District of Texas. After the verdict, the district court erased the award — awarding judgment as a matter of law for AT&T. Apparently, the jury decision did could not properly account for technical details regarding the call authorization code timing.
Michael Smith calculates the 2007 patentee win rates at 28% (2 of 7). If Patent Reform 2007 becomes law, new filings will likely dry up quickly (becaues the venue will be improper for most cases).
Some evidence to the contrary —over 15% of new patent lawsuits filed between August 1, 2007 and November 1, 2007 were filed in the Eastern District of Texas (Westlaw Docket Reports).