SCOTUS: Forum Shopping Spree Over for Patentees

Good litigation strategy involves reviewing a case and potential jurisdictions based upon historical outcomes, some which may have more positive (or more dire) effects on your client’s case. This is sometimes referred to as “forum shopping.” And frankly, it’s just good advice.

One of the most popular forums for patent litigation and patent infringement suits is located in the Eastern District of Texas. Labeled a “rocket docket,” the Eastern District of Texas has built an industry for local business based upon the large number of lawsuits filed by non-practicing entities (NPEs), or “patent trolls.” Because of the jurisdiction’s speed and efficiency in handling patent cases, the Eastern District of Texas has resulted in a large number of settlements by defendants. In 2016, over one-third of the entire United States’s patent cases were litigated in the Eastern District of Texas.

The patent venue statute has been interpreted to allow a patent lawsuit to be brought anywhere the infringing activity occurs (i.e. anywhere a device can be bought, made, or sold). However, last month the Supreme Court of the United States limited forum shopping practices when it comes to patent litigation.

If you believe you have a patent infringement issue, please contact one of our attorneys at 913.345.0900 to discuss litigation strategies.