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In re TS Tech USA Corp.: Curtailing the 'Rocket Docket'

By Ivan R. Goldberg
March 31, 2009

Due to its so-called “rocket docket,” many patent litigants select the Eastern District of Texas when filing a lawsuit or a declaratory action. However, the Federal Circuit's recent decision in In re TS Tech, 551 F.3d 1315 (Fed. Cir. 2008) may substantially curtail this practice. After In re TS Tech, there is a greater chance that defendants in the Fifth Circuit can succeed in transferring the case to a more convenient venue based on the location of the witnesses or the evidence, or if any local or state issues are raised. Thus, future plaintiffs seeking to ride the rocket docket will now have to weigh this strategy against the increased risk of landing in a jurisdiction more favorable to the defendant.

Fifth Circuit Case Law: Volkswagen II

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