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Intellectual PropertyFeaturesLitigationPatent LitigationUnited States Supreme CourtLJN NewslettersThe Intellectual Property Strategist

Supreme Court May Preserve EDTX Grip on Patent Cases

By Tony Mauro

The U.S. Supreme Court did not appear eager to upset the patent litigation landscape by drastically limiting where infringement lawsuits can be filed.

The Court heard arguments on March 27 in the closely watched TC Heartland v. Kraft Foods Group Brands, No. 16-341, touted as one of the most important IP cases of the decade. See, “Patent Lawyers, Anticipating a Shake-Up, Warily Watch SCOTUS,” The Recorder (March 24, 2017).That is in part because of the sharp rise in patent suits filed in the U.S. District Court for the Eastern District of Texas, home of allegedly plaintiff-friendly federal judges. Roughly 40% of infringement suits have been filed there in the last two years, a statistic that critics point to as proof of blatant forum-shopping. See, “Eastern Texas Still Patent Case Champ, According to Lex Machina Data,” The Recorder (March 2, 2017).

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