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Apple Sues Motorola In "Rocket Docket" Court

Publication Date: 
November 03, 2010
Westlaw News & Insight - Reuters Legal
Terry Baynes

Professor Mark Lemley is mentioned in Reuters for his study in the AIPLA Quarterly Journal, analyzing the most active patent district courts. The article by Terry Baynes can be found here:

In the latest development in the ongoing smartphone patent wars, Apple Inc has apparently engaged in some creative forum shopping, taking its fight with Motorola Inc to Madison, Wisconsin, which is developing a reputation as a "rocket docket" for patent litigation.

The iPhone maker filed two lawsuits against rival Motorola last week in U.S. District Court for the Western District of Wisconsin, claiming the Droid smartphone maker infringes on Apple's touchscreen and display patents. Motorola has pending patent infringement claims against Apple in the Northern District of Illinois, the Southern District of Florida, and with the U.S. International Trade Commission (ITC) over different technologies used in Apple's iPhone, iPad, iTouch, and certain Mac computers.


In a study published last week in the AIPLA Quarterly Journal called "Where to file your patent case," Stanford Law School professor Mark Lemley analyzed the lawsuit data of the 33 most active patent district courts. He found that the Western District of Wisconsin and the Eastern District of Virginia are true "rocket dockets" where the average patent trial is completed less than a year after the case was filed. The federal court in Wisconsin ranked first in terms of time to trial, time to resolution and third in the percentage of cases that make it to trial. The district ranked only 28th with its plaintiff win rate. Lemley found the best patent district for plaintiffs overall to be the Middle District of Florida.