Article by Xuan-Thao Nguyen
Justice Scalia called the United States District Court for the Eastern District of Texas (EDTX) the “renegade jurisdiction.” Critics label it the “rocket-docket” for patents. All blame the EDTX for the ills of patent litigation, demanding for national reform. This Article challenges the prevailing myths with an empirical quantitative study of more than 27,000 patent cases filed in the last decade and a qualitative study on patent forum shopping. This Article contends that the proposed venue reforms will not prevent litigants from shopping for a favorable forum in which to resolve patent litigation. This Article suggests that instead of the quick fixes vis-à-vis proposed venue reform legislation and the condemnation of the EDTX, reformers should view the EDTX as part of the solution, a case study of how a district court has actively transformed itself into an accessible and knowledgeable court with strong expertise in solving patent disputes.
About the Author
Xuan-Thao Nguyen. Professor of Law, Southern Methodist University (SMU) Dedman School of Law; Former IP Associate, Fried, Frank, Harris, Shriver & Jacobson LLP (New York City), and Pryor Cashman LLP (New York City).
Citation
83 Tul. L. Rev. 111 (2008)