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IP: A stake deep in the heart of the Texas patent troll

Chief Judge Rader’s remarks to the Texas Patent Bar highlighted the growing inefficiencies in patent litigation.

When historians write about the rise and fall of patent troll litigation, a chapter or two should be dedicated to the Eastern District of Texas. A preferred forum for plaintiffs, the district has been associated—fairly or unfairly—with liberal discovery and joinder rules, skepticism toward motions for transfer and summary judgment, and, until recently, a rocket docket that exacerbated the inherent asymmetries between trolls and real companies with respect to the burdens and costs of patent litigation.  

So imagine how jaws must have dropped two weeks ago when Chief Judge Randall Rader of the Federal Circuit delivered his “State of Patent Litigation” address to the Eastern District of Texas Judicial Conference and cautioned that growing inefficiencies and asymmetries in patent litigation risk killing the goose that’s been laying the golden eggs:


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Jeffrey Dean

Jeffrey Dean is a partner of Marshall, Gerstein & Borun LLP, and concentrates on the defense of patent infringement claims on behalf of corporations....

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