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December 19, 2006
Texas Smart
District
judges in Texas smell a new crude that looks profitable: patent litigation.
Judge Ward in the Eastern District penned rules that made that district seem the
patent litigation capital of the U.S. Now other Texas districts are making a
draw from the same deck.
Plaintiffs have been drawn to the Eastern District of Texas owing to its rocket docket, the result of all ten Eastern District judges adopting Judge Ward's rules, which has helped lower litigation cost. In the past five years, March 2001-2006, Eastern District IP cases grew 245% (64 cases per year in 2001, as compared to 211 in the last year). One outgrowth of this is local economic growth, puffing up demand for hotel rooms and office space.
There has already been spillover from the Eastern District. In the past five years, the Southern District has seen a 100% bump (174 to 358), and the Northern District a 55% increase (177 to 275).
Now the Northern and Southern districts are looking to make their districts even more attractive to patent litigation by sparking efficiency improvements. Judges from the Houston division of the Southern District met Dec. 12 and agreed to consider adopting uniform litigation procedures district-wide. Southern District Court Judge Nancy J. Atlas has been a proponent there, having put the Ward rules to work in several suits under her aegis in the past six months. The Northerners have a similar meeting set for January in Dallas. Judge Ed Kinkeade is spearheading the effort in the Northern District. An attorney group has formed the Northern District of Texas Patent Rules Task Force, to have an organized two-cents into the process.
Here is law.com on this. From Texas Lawyer, for the Northern District of Texas, here is a draft of proposed patent rules, and a draft of the proposed protective order.
Posted by Patent Hawk at December 19, 2006 12:01 AM | Litigation