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Tough Transfer Rules Make Delaware Top Patent Lawsuit Venue

Publication Date: 
September 20, 2013
Source: 
Daily Journal
Author: 
Kevin Lee

Professor Mark Lemley spoke with the Daily Journal's Kevin Lee about the amount of patent cases waiting to be heard before the district of Delaware thanks to new patent laws which have made the district the most popular jurisdiction for these cases. 

Recent changes in patent law are encouraging plaintiffs to file even more cases in the District of Delaware, soaring past the Eastern District of Texas as the most popular jurisdiction for new infringement complaints, attorneys say.

While the filing rates at the Eastern District of Texas have remained level, the District of Delaware is on pace to receive a 47 percent boost in patent litigation complaints this year compared to last, according to a new report by Palo Alto-based Perkins Coie LLP partner James C. Pistorino.

...

"The majority of all patent cases filed in the district of Delaware since 2000 are pending right now. That is, for every patent case the Delaware judges have resolved in the past 13 years, there is another one on their desk right now," said Mark A. Lemley, a Stanford Law School professor who founded Lex Machina. "That's a quick and remarkable shift."