Summary
The Daily Journal quotes Professor Mark Lemley on the rise in patent litigation in Texas, even as patent courts across the nation see sharp declines.Â
While the nation’s most popular patent litigation court is drawing a record-high number of complaints so far this year, other jurisdictions – from the Central District of California to Delaware – are experiencing major declines in their dockets.
There have been 698 patent infringement lawsuits filed in the Eastern District of Texas through the first four months of the year, just edging the 691 complaints filed there during the same period last year. The Texas court accounts for nearly 40 percent of patent lawsuits filed in all federal courts.
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Mark A. Lemley, a professor at Stanford Law School and a lawyer at Durie Tangri LLP, said Eastern District of Texas judges are less willing to dismiss cases that involve threshold questions on the validity of an asserted patent.
“The judges there have not been throwing out cases early on patentable subject matter grounds, as they have virtually everywhere else,” Lemley said.