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In the past ten years, the Eastern District of Texas has become a wildly popular venue for plaintiffs in patent cases.

This has been attributed to a number of factors including judicial expertise, plaintiff-friendly local rules, speedy dispositions and jurors who are predisposed to find for plaintiffs and award large damages.

There is broad consensus that these numbers are a function primarily of forum-shopping; in fact, one article described patent suit filings in East Texas as the equivalent of going to Mexico to get a "quickie divorce." It should be noted, though, that analyses comparing the Eastern District of Texas with other venues demonstrate that it is not necessarily a "rocket docket." In fact, at least five other districts have been faster for patent cases Given that it is not the fastest docket, that few if any major corporations are actually housed in the district, and that Eastern Texas is unlikely to be chosen as a venue because of its convenience to parties and witnesses, many have looked to other factors to explain the soaring popularity of this region with plaintiffs in patent cases.

The causes that have been suggested are judges with expertise and experience in patent litigation, local rules that are often favorable to the plaintiff, a general judicial disinclination to grant summary judgment and jurors who tend to favor patent holders – so much so that for one three year period, there were 20 consecutive plaintiff victories without a single defense win in a patent case in the district.

Moreover, in mid-2009, East Texas jurors awarded the largest US jury verdict to date in a patent case:

In the past ten years, the Eastern District of Texas has become a wildly popular venue for plaintiffs in patent cases.This has been attributed to a number of factors including judicial expertise, plaintiff-friendly local rules, speedy dispositions and jurors who are predisposed to find for plaintiffs and award large damages.There is broad consensus that these numbers are a function primarily of forum-shopping; in fact, one article described patent suit filings in East Texas as the equivalent of going to Mexico to get a "quickie divorce." It should be noted, though, that analyses comparing the Eastern District of Texas with other venues demonstrate that it is not necessarily a "rocket docket." In fact, at least five other districts have been faster for patent cases Given that it is not the fastest docket, that few if any major corporations are actually housed in the district, and that Eastern Texas is unlikely to be chosen as a venue because of its convenience to parties and witnesses, many have looked to other factors to explain the soaring popularity of this region with plaintiffs in patent cases.The causes that have been suggested are judges with expertise and experience in patent litigation, local rules that are often favorable to the plaintiff, a general judicial disinclination to grant summary judgment and jurors who tend to favor patent holders – so much so that for one three year period, there were 20 consecutive plaintiff victories without a single defense win in a patent case in the district.

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In the past ten years, the Eastern District of Texas has become a wildly popular venue for plaintiffs in patent cases.

This has been attributed to a number of factors including judicial expertise, plaintiff-friendly local rules, speedy dispositions and jurors who are predisposed to find for plaintiffs and award large damages.

There is broad consensus that these numbers are a function primarily of forum-shopping; in fact, one article described patent suit filings in East Texas as the equivalent of going to Mexico to get a "quickie divorce." It should be noted, though, that analyses comparing the Eastern District of Texas with other venues demonstrate that it is not necessarily a "rocket docket." In fact, at least five other districts have been faster for patent cases Given that it is not the fastest docket, that few if any major corporations are actually housed in the district, and that Eastern Texas is unlikely to be chosen as a venue because of its convenience to parties and witnesses, many have looked to other factors to explain the soaring popularity of this region with plaintiffs in patent cases.

The causes that have been suggested are judges with expertise and experience in patent litigation, local rules that are often favorable to the plaintiff, a general judicial disinclination to grant summary judgment and jurors who tend to favor patent holders – so much so that for one three year period, there were 20 consecutive plaintiff victories without a single defense win in a patent case in the district.

Moreover, in mid-2009, East Texas jurors awarded the largest US jury verdict to date in a patent case: $1.67 billion to Centocor Ortho Biotech and NYU after finding that Abbott Laboratories had infringed their patents.

These are not the only factors that have contributed to plaintiffs' choices to file in the Eastern District of Texas.

.67 billion to Centocor Ortho Biotech and NYU after finding that Abbott Laboratories had infringed their patents.

These are not the only factors that have contributed to plaintiffs' choices to file in the Eastern District of Texas.

panels seen at the Tyler courthouse in early 2010, college graduates and IT professionals were reasonably well-represented, suggesting that there may be considerable variability in the region, and that more educated people may be overrepresented on some panels.Even with this variability, though, a generally older population of jurors in most East Texas counties means that jurors are coming to technology cases with less experience with complex technology than in other, younger venues.Furthermore, East Texas differs from more urban venues because of the paucity of large corporations based there.We offer advice to plaintiffs about how to build on their natural advantages in this venue, and to defendants about how to overcome the unique challenges of this venue.We begin with a brief summary of trends in East Texas patent litigation, with special attention to jury verdicts in the District.

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Patent law can be equally difficult to understand, and sometimes goes against commonsense principles. Similarly, the typical pairing of a non-infringement defense with an invalidity defense smacks to some of "I didn't borrow your lawn mower and besides, it was broken when you loaned it to me." These challenges become even greater in a venue where jurors are relatively uneducated.

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