A string of recent defense verdicts in the U.S. District Court for the Eastern District of Texas has the patent bar buzzing about whether it’s a new era in that traditional plaintiffs stronghold.
Several changes have altered the landscape for litigants in the three Eastern District of Texas divisions particularly known for plaintiffs verdicts: Marshall, Texarkana, and Tyler. The shifts stem from retirements of three judges in 2011, appellate precedents limiting which cases can stay in the district and the patent reform law’s sharp restrictions on multidefendant cases. In addition, lawyers say the retirements have resulted in slower-moving cases, at least until new appointees get up to speed.
