AZ commented on 'Patent Litigation Forum Shopping'
I worry that Lemley's "caveat" might throw off the entire analysis - the amount of cases making it past SJ are likely influenced strongly by the strength of the patents in suit. There's also a sizable...
View ArticleMalcolm Mooney commented on 'Patent Litigation Forum Shopping'
Namely, the win-rate in the Eastern District of Texas might be lower than Delaware because of the cases filed there. I.e., patentees with low-quality patents might be more likely to flock to Texas...
View ArticleBad Joke Ahead commented on 'Patent Litigation Forum Shopping'
The whole point of EDTX is speed and experience. The win rate is only secondary to getting a judgement in our lifetimes.
View ArticleIANAE commented on 'Patent Litigation Forum Shopping'
Indeed, accused infringers often choose the District of Delaware, filing declaratory judgment actions there. Does the paper compare patentee win rates, or plaintiff win rates? It appears to be the...
View Articleboiled_in_HOT-HOT-HOT_Baboooon_Url commented on 'Patent Litigation Forum...
"The whole point of EDTX is speed and experience." Here, let me fix that for you. "The whole point of EDTX is speed and getting a nicely uneducated jury pool".
View ArticleWinston Smith commented on 'Patent Litigation Forum Shopping'
a nicely uneducated jury pool I doubt you'd see a substantial difference in juror education level between EDTX and CDCA or NDCA. Any potential juror with an educational or work background relevant to...
View ArticleI
Although this information is useful and interesting, the data considered won't tell you why patentees file in East Texas. Personally, I don't understand why a patent-holder who *can* file in East Texas...
View Articleboiled_in_HOT-HOT-HOT_Baboooon_Url commented on 'Patent Litigation Forum...
"I doubt you'd see a substantial difference in juror education level between EDTX and CDCA or NDCA. " I've had suits in EDTX and in CDCA (but not in NDCA), and I can tell you there are indeed...
View ArticleMark Lemley commented on 'Patent Litigation Forum Shopping'
@IANAE: It is patentee, not plaintiff, win rates -- that is, the data is adjusted for declaratory judgments.
View ArticleBad Joke Ahead commented on 'Patent Litigation Forum Shopping'
boiled, you're out of it. A college degree is meaningless these days. They just show that you managed to postpone life for 6 more years. Most of the people without college degrees I know are smarter...
View Articleping commented on 'Patent Litigation Forum Shopping'
Have you ever shopped for a college degree in Texas? Man, that's HOT-HOT-HOT.
View ArticleKevin R. commented on 'Patent Litigation Forum Shopping'
Looks like patent litigation in Alaska is only slightly more likely to happen than getting a 105 rejection...
View ArticleRonald J Riley commented on 'Patent Litigation Forum Shopping'
"Namely, the win-rate in the Eastern District of Texas might be lower than Delaware because of the cases filed there. I.e., patentees with low-quality patents might be more likely to flock to Texas...
View ArticleRonald J Riley commented on 'Patent Litigation Forum Shopping'
"I've had suits in EDTX and in CDCA (but not in NDCA), and I can tell you there are indeed substantial differences as between the first 2 venues, at least in my limited experience." Sounds to me like...
View ArticleKevin X. Lu commented on 'Patent Litigation Forum Shopping'
Has anyone done analysis on the individual arts within each district? I imagine the statistics for drug patent litigation will be significantly different than that of software patent litigation. Taking...
View Articleping commented on 'Patent Litigation Forum Shopping'
"Lemley's observations can be very misleading." Lemley's an academic, no? Whadda ya expect?
View ArticleAlan McDonald commented on 'Patent Litigation Forum Shopping'
There are also some other factors at play. Note the relatively high filing rate in the Northern District of Georgia against its lowest patentee win percentage in the nation. The corporate headquarters...
View ArticleNed Heller commented on 'Patent Litigation Forum Shopping'
I haven't read his study, but I would also agree that win percentage is not a reason for forum selection. Unless one could actually measure the win rate of the same patent in various jurisdictions, one...
View Articleboiled_in_HOT-HOT-HOT_Baboooon_Url commented on 'Patent Litigation Forum...
Mr. Riley writes, "Sounds to me like we have a sore loser. " Sounds to me like someone's projecting their daydreams onto the posts of others (I didn't lose). Sounds to me like we have someone with an...
View Articleboiled_in_HOT-HOT-HOT_Baboooon_Url commented on 'Patent Litigation Forum...
BJA writes, "...college degrees... just show that you managed to postpone life for 6 more years. Most of the people without college degrees I know are smarter than the people with them." Really? Really...
View ArticleNed Heller commented on 'Patent Litigation Forum Shopping'
Now, just to add fuel to this discussion, I have had jury consultants advise, when thinking about suing Asian companies, choosing the South because of the alleged bigotry against Asians. I was also...
View Articleping commented on 'Patent Litigation Forum Shopping'
"an incredibly biased, partisan attitude" "someone's projecting their daydreams onto the posts of others" Is that Url boiled in a pot or in a kettle?
View ArticlePatent Dude commented on 'Patent Litigation Forum Shopping'
Another factor Lemley's study does not consider is affirmances at the Federal Circuit. We all know your patent case isn't finished until the Federal Circuit speaks. I can tell you from first-hand...
View ArticleNoEasyAnswers commented on 'Patent Litigation Forum Shopping'
All of this wonderful data notwithstanding, a savvy litigant may find a good reason to choose a venue that has relatively few patent cases...
View ArticleRichCreamyFilling commented on 'Patent Litigation Forum Shopping'
Another great post deleted...
View ArticleRichCreamyFilling commented on 'Patent Litigation Forum Shopping'
Maybe "T W I N K I E" isn't passing the spam filter
View ArticleRichCreamyFilling commented on 'Patent Litigation Forum Shopping'
Is it some kind of revelation that patentees might choose a forum based on a "likelihood of winning?" Is this supposed to be pithy stuff?
View Articleping commented on 'Patent Litigation Forum Shopping'
spam filter in overdrive this morning. Ah, the pearls of wisdom lost... (at least the starting points of those pearls)
View ArticleIANAE commented on 'Patent Litigation Forum Shopping'
(at least the starting points of those pearls) It's presumptuous for the irritant to take credit for the pearl.
View ArticleRonald J Riley commented on 'Patent Litigation Forum Shopping'
"Sounds to me like we have someone with an incredibly biased, partisan attitude (obs. based also in part on your adjacent post)." Posted by someone too chickens*** to be associated with what they have...
View Articleping commented on 'Patent Litigation Forum Shopping'
"It's presumptuous for the irritant to take credit for the pearl." That's me - spurious and presumptuous. But Oh, so ever lovable (must be the lyrics).
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The best districts for accused infringers include Eastern District of Wisconsin, the Southern District of Ohio, or the District of Columbia because patent cases in those districts move slowly and...
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