IP: The Eastern District of Texas Issues a Reality Check in 2013

2013 patent litigation jury awards from the Eastern District of Texas belie plaintiff bar beliefs about Beaumont, Tyler, and Marshall juries.

March 05, 2014

Many patent plaintiffs continue to flock to the Eastern District of Texas as often as the current venue laws will let them. The district continues to vie with Delaware for the most patent cases in the country. For years this rush to the “Right Side” of Texas was driven by the popular belief that juries from Marshall to Beaumont simply hand out huge awards to everyone who comes calling with a patent. Like most conventional wisdom, there was some basis for it: In the early-to-mid 2000s, plaintiffs won 18 straight verdicts. But since then it’s been around half plaintiff’s verdicts, half defense. And recently, defendants have been on a roll, by our count winning 11 of 15 trials in 2013. The results of 2013 are worth a closer look for anyone on either side of the “v.”

Reprinted with permission from InsideCounsel.

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Cyrus A. Morton

Partner

Chair, Patent Office Trials Group

Angela Muñoz-Kaphing

Related Publications

September 22, 2020
Herbal Patent Protection
Shui Li - 闻宁阁 American Intellectual Property
August 26, 2020
INSIGHT: Avoiding Trade Secret Claims After Seeing a Competitor’s Crown Jewels
Jake Holdreith, David Prange, Emily Tremblay - Bloomberg Law
July 2020
Hatch-Waxman Patent Litigation Strategies
Jeffrey Alan Hovden - LexisNexis
June 2020
Trade Secrets: Safe as Houses
Christopher Larus, David Prange, Alyssa Bixby-Lawson - Intellectual Property Magazine
Back to Top