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Patent rocket docket in E.D. Texas – more transfer motions expected after appellate reversals of denials

In recent months both the Fifth Circuit and the Federal Circuit have reversed denials of motions to transfer cases out of the U.S. District Court for the Eastern District of Texas. (That court is reputed to be a plaintiff-friendly “rocket docket” for patent infringement cases that have little if any connection to the district.)

Commentators are expecting to see more motions to transfer from accused infringers who are sued in the Eastern District. See this National Law Journal article from June 2009 (accessed June 13, 2009).

DCT COMMENT: Licensees negotiating renewals of patent-license agreements should keep this possible trend in mind as the license-expiration date draws near. Patent owners have been known to file infringement suits against their licensees at 12:01 a.m. on the day the license expires in order to improve their negotiating leverage. Knowing that a motion to transfer might be successful could be useful information.

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