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September 24, 2006

The Eastern District of Texas

The New York Times reviews Marshall, Texas and the patent litigation scene there in So Small a Town, So Many Patent Suits.

Here are a few snippets, but the whole article is worth reading.

What’s behind the rush to file patent lawsuits here? A combination of quick trials and plaintiff-friendly juries, many lawyers say. Patent cases are heard faster in Marshall than in many other courts. And while only a small number of cases make it to trial — roughly 5 percent — patent holders win 78 percent of the time, compared with an average of 59 percent nationwide, according to LegalMetric, a company that tracks patent litigation.

The testing of Marshall as a patent battleground began nearly two decades ago, when Texas Instruments, which has its headquarters in Dallas, embarked on an aggressive strategy to make rivals license its patents. If a company would not capitulate or at least negotiate, a Texas Instruments team of lawyers would drag it to court — increasingly, down the road to the uncluttered courtrooms of Marshall.

In September 1999, Mr. Ward, a malpractice and product-liability lawyer with a practice nearby, in Longview, was sworn in to the East Texas federal bench. A no-nonsense judge who charms people with his folksy demeanor but who also has a reputation for a fiery temper in the courtroom, Judge Ward began hearing patent cases. As a private lawyer, he had argued a few such cases; as a judge, however, he quickly grew frustrated at the slow pace, paperwork, and delays and motions that were part of a patent docket.

That’s when he adopted what he calls “the Rules.” As any lawyer who has shown up in Judge Ward’s courtroom will testify, the Rules put patent lawsuits on a strict timetable, laying out when key documents must be handed over and setting firm trial dates.

The changes turned Marshall’s federal court into a “rocket docket” — a place where the time between filing and trying a lawsuit became significantly shorter than in other districts.

“The majority of Marshallites don’t even know the patent docket exists,” said Johnny B. Taylor, a native of Marshall who returned and started an office rental business after spending 31 years as a police officer in Arlington, Tex. “There’s one way the docket affects them: they can’t find parking.”

Posted by Patent Hawk at September 24, 2006 12:24 AM | Litigation

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