December 2016
Last week, the Supreme Court accepted an invitation to weigh in on the hotly contested issue of forum shopping. What the Court decides next could dramatically impact patent litigation throughout the nation. 

Under judicial interpretations of the venue statutes that have been in effect for the past 25 years, a corporate defendant accused of patent infringement may be sued in any venue where that defendant may be subject to personal jurisdiction. In recent years, patent defendants have raised concerns about forum shopping by patent holders, and about overreliance on a few specific jurisdictions widely regarded as friendly to patentees. In 2015, for example, approximately 44% of patent cases litigated in the U.S. were filed in the Eastern District of Texas. One reason the Eastern District has become a favored jurisdiction for patent owners is because the court has implemented local patent rules designed to streamline cases and move them forward in an expeditious manner.   

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