In the first half of 2015, an astonishing 44 percent of all new patent civil actions were filed with the Eastern District of Texas. Furthermore, in 2014, two judges in the Eastern District of Texas were assigned 23.7 percent of all new patent civil actions filed that year.
The above information is based on studies published by Lex Machina, a legal analytics company (see “2015 First Half Patent Case Filing Trends” and “2014 Patent Litigation Year in Review,” both available at lexmachina.com). Why such high numbers? Because the Eastern District of Texas has a reputation for being very patent plaintiff-friendly. It has apparently become the forum of choice for plaintiffs wanting to assert their respective patents. One defendant, however, is trying to curtail the ability to decide where a patent infringement case may be heard, and its position is gaining support.
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