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Eastern Texas Judges Begin to Transfer IP Cases

February 19, 2009

Michael Sacksteder, a partner in Fenwick & West's Patent Litigation Group, was recently quoted in the Daily Journal article "Eastern Texas Judges Begin to Transfer IP Cases."

For the past 10 years, patent infringement plaintiffs have considered the Eastern District of Texas as the go-to jurisdiction, as judges in the district have been known to be knowledgeable in the area of patent law. In addition, the judges have a reputation for quickly moving cases to trial and delivering better-than-average odds of a large victory for the plaintiff.

Yet recently, the 5th U.S. Circuit Court of Appeals for the Federal Court has made decisions to encourage these judges to evaluate the relevance of the cases coming to their jurisdiction. Cases that have no significant connection to Texas are being transferred elsewhere.

"This is really coming down to geography," Sacksteder commented.

The entire article is available on the Daily Journal website (subscription required).