Patent Litigation 2019

We are only 21 days into 2019, but trajectories in patent infringement lawsuits appear to be following the same patterns as 2018 — with the top-four venues staying in the same almost identical rank-order:

  1. D.Del
  2. E.D.Tex.
  3. C.D.Cal.
  4. N.D.Cal.

For 2018, N.D. Cal. slightly outranked C.D.Cal.  That result is flipped thus far in 2019.  For 2018 and 2019, these five venues represented 55% and 57% of total case filings respectively. (Data compiled from LexMachina Dockets)

The New Judge in town is Alan Albright. Albright was a long-time patent litigator and is now the lone federal judge in the Waco division of the W.D. Texas.  If you file your patent case in Waco, it will be heard by an experienced patent litigator. Congratulations Judge Albright.

 

7 thoughts on “Patent Litigation 2019

  1. 1

    How can so many patent suits still be filed in E.D. Tex. and meet the patent venue statute requirements re-imposed by the Sup. Ct. and the subsequent Fed. Cir. decisions?

    1. 1.1

      That is, how many patent suit defendants meet, within E.D. Tex [a district which is no Silicon Valley], the requirements of 1400(b) that “Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business?” Even being incorporated in the State of Texas is not enough, per the Fed. Cir.

      1. 1.1.1

        Lots of businesses have a regular place of business in EDTX, including many from the valley.

      2. 1.1.2

        Austin is Texas’ “Silicon Valley”, and is in the same District (the Western District of Texas) as Waco – thus, Waco is now, particularly with the arrival of Judge Albright, seen as an emerging patent venue for cases that could have been brought in Austin (that’s a lot of cases).

        Internet Search “Patent Litigation Waco”, and you’ll see a recent article about this in the Waco Tribune Herald.

        David G. Henry

    2. 1.2

      How can so many patent suits still be filed in E.D. Tex. and meet the patent venue statute requirements

      When you consider how many of those patents don’t meet the requirements of the patent statutes, you’ll have your answer.

      Or, to put it another way: tr 0ll don’t care about no stinkin’ venue rules. Defendant bleeds the same when the suit is filed.

      1. 1.2.1

        How many exactly is that?

        1. 1.2.1.1

          per Malcolm, nigh all of them.

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