Patent reform is back on the table and is one of the few areas on which the current Congress and president agree. Interestingly for Texas, the proposals don’t take any shots at the Eastern District of Texas, which carries the largest patent suit docket in the country. Instead, some reforms actually move in the direction that judges in the Eastern District have already taken and also adopt procedures used in Texas’ Western District.

In 2011, the America Invents Act took steps to limit multi-defendant patent cases, especially in the Eastern District. Under the AIA, the vehicle for change was joinder provisions. The AIA changed the law so that a patent holder had to file multiple suits against multiple infringers rather than a single multi-defendant case. The intention was to separate defendants into different matters thereby making it easier for a single defendant to have a case transferred out of the Eastern District.

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