Over the past three years, patent filings in the Eastern District of Texas grew steadily while patent filings in the Northern District of California and the District of Delaware dropped. In fact, in the past year, over 34 percent of the patent suits against companies located in northern California were brought in E.D. Tex.
With the U.S. Supreme Court’s May decision in TC Heartland, all signs point to significant change. Already-pending cases have, and will continue to, transfer out of E.D. Tex. to N.D. Cal. New filings against those same companies or similarly located companies have been, and will continue to be, brought in N.D. Cal., not E.D. Tex. And similar trends apply to Delaware companies: Delaware companies are once again being sued in Delaware. Both N.D. Cal. and D. Del. will get busier, and lawyers familiar with those districts will once again be in high demand. The predictions regarding TC Heartland appear to be coming true, so prepare to book your flights to the coasts.
Where were California and Delaware companies being sued for patent infringement?
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