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In re TS Tech: The Aftermath

By Vito J. DeBari and and Henry J. Cittone
May 29, 2009

On Dec. 29, 2008, in In re TS Tech, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued a rare writ of mandamus ordering the Eastern District of Texas (“EDTX”) to transfer a patent case to the defendants' venue choice. 551 F.3d 1315 (Fed. Cir. 2008) (“TS Tech“). Many patent attorneys and commentators immediately predicted that this decision would be the “death knell” for patent litigation in the EDTX, while a minority of others foresaw the case having little impact. Now that some time has passed since the TS Tech decision, it appears that neither prediction was entirely accurate. While the EDTX remains today one of the busiest patent litigation venues in the country, it is clear that TS Tech has led to an increase in the percentage of cases being transferred out of the EDTX and a significant decrease in the number of new patent cases being filed there. Indeed, as of the end of April this year, the EDTX no longer reigns as the most popular U.S. venue for patent litigation, a distinction it has held for the last two years.

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