December 3, 2015
From The Dallas Business Journal

by Danielle Abril

The patent litigation cases filed in the Eastern District of Texas in the past couple weeks spiked to account for nearly 85 percent of the country’s patent lawsuits, following a national trend caused by a change in the federal rules of procedure.

On November 30, nearly 180 of the 212 patent litigation cases were filled in the district courts, which covers counties including Collin, Denton and Grayson. While the district typically has one of the highest percentages of patent litigation cases in comparison to other regions, the spike is even higher than normal, said Jason Wietjes, patent litigator at Polsinelli’s Dallas office. The district is on track to account for 45 percent of U.S. patent litigation cases for a the year – a record year that is expected to total 2, 575 cases by year end.

“It does kind of jump at you,” Wietjes said. “Plaintiffs did take this ruling seriously.”

New rules, which took effect December 1, changed the requirements for plaintiffs claiming patent infringement.

“These patent cases impact not just technology companies but companies across industries, from retail, hotels, banks, “ Wietjes said. “North Texas companies are routinely being sued.”

“Some of these suits would have been filed anyway,” said Wietjes, adding that the changes most likely put a rush on the cases in consideration.

“These plaintiffs knew for some time this rule was going to come into effect.”

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