09/10/2018

Krafting TC Heartland: A Legislative Response to Venue Shopping


Krafting TC Heartland: A Legislative Response to Venue Shopping

Antonio DiNizo

In the world of patent litigation, the Eastern District of Texas reins king with nearly forty five percent of all patent infringement cases nationwide filed within the district in 2015. While being a small relatively obscure area of Texas, the Eastern District and its courthouse in Marshall, Texas have developed a reputation for attacking some of our country’s biggest corporations and well-respected patent litigators.

In recent years, the Eastern District of Texas has come under increased scrutiny for attracting a special kind of patent owner, Non-Practicing Entities (“NPEs”) or patent troll. While the Supreme Court’s decision in TC Heartland v. Kraft Foods significantly restricts the ability for NPEs to pursue litigation in the Eastern District of Texas, this Note explores how Congress could craft a legislative solution to prevent abusive NPE litigation.

The introduction of this Note discusses patent litigation in the Eastern District of Texas. Part I of this Note discusses how the Eastern District of Texas grew into a patent giant. Part II of this Note discusses why NPEs flocked to East Texas, how NPEs affect our patent system, and the Supreme Court’s Decision in TC Heartland v. Kraft Foods. Part III and IV of this Note advocate for legislating Federal Patent Trial Rules. This Note concludes by summarizing my overall argument that Federal Patent Trial Rules would benefit our patent system.

100 J. Pat. & Trademark Off. Soc’y 24(2018)

If you would like to read the full article and other published articles, subscribe to the Journal of the Patent and Trademark Office Society, for more information click here.

© 2000-2014, Journal of the Patent & Trademark Office Society
Disclaimer & Privacy Policy