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Texas Rises in Patent Suits as Other Popular Jurisdictions See Big Declines

May 15, 2015

Fenwick & West patent litigation partner Darren Donnelly was quoted in a Daily Journal article citing a big decline in patent lawsuits throughout most of the United States, with the marked exception of a single Texas state district.

According to data provided by Lex Machina​, the Eastern District of Texas accounted for nearly 40 percent of all patent lawsuits filed in federal courts in the first quarter of 2015.

Donnelly told the Daily Journal that the phenomenon can be explained by non-practicing entities, otherwise known as "patent trolls," looking to Texas for sympathetic rulings.

The troll suits can drive up the numbers, but they are not as much of an indication of whether big technology companies think the courts are an effective body to enforce their intellectual property rights," Donnelly said.