East Texas Patent Infringement Litigation

by admin on September 27, 2010

During the past ten years, there has been a surge in patent infringement litigation in the Eastern District of Texas. Several factors contribute to the increase in patent infringement litigation, including judicial expertise, plaintiff-friendly local rules, speedy dispositions and jurors who are often predisposed toward finding for the plaintiff and awarding large amounts of monetary damages.

The Eastern District of Texas does not boast the fastest docket, and few if any major corporations are actually based  in  the district.  The district, and more specifically Marshall, has been called a haven for patent trolls, and United States Supreme Court Justice Antonin Scalia has called it a renegade jurisdiction.

Marshall, Texas,  enjoyed an economic revival when it became a hotbed of patent infringement litigation, and would no doubt like to keep its new cottage industry strong and thriving. As with all litigation, there are specific challenges in trying patent infringement cases.  The complex technology involved in securing a patent is difficult to teach to a layperson no matter where you are trying to do it.

Research suggests that jurors nationwide tend to be pro-plaintiff,  and  this trend appears to be even more pronounced among East Texas jurors on  a patent infringement suit. Some think this can be attributed to East Texans’ respect for government and their strong belief in property rights. Ask anyone in East Texas how they feel about infringement on intellectual property, and they will often compare it to trespassing on private property., and such things are taken very seriously in East Texas.

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