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

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.