Patent Venue and Convenience Transfer: New World or Small Shift?

Abstract

Forum selection in patent infringement cases has taken on a life of its own, with four appellate mandamus rulings (three granting the writ) on a subject that used to be considered broadly discretionary. This article examines the rules of law for patent venue, and then focuses on the most active patent venue today, the Eastern District of Texas. This is the district that has precipitated all of the mandamus cases to date. The article looks at statistics for transferring out of the district in the three years before the recent rulings to see if there was an inherent tendency of the courts to hold on to patent cases, and to more recent data to see if the situation has changed in light of the appellate decisions.