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Venue selection a potentially important issue in patent cases

Last time, we began looking at a couple court cases this year which touch upon the issue of venue selection in patent infringement disputes. As we noted, a case recently decided in the U.S. District Court for the Eastern District of Texas had a limiting effect on a U.S. Supreme Court decision earlier this year which limited venue options for bringing patent infringement suits.

Venue selection is an important matter in business and commercial litigation in general, and it is important for patent infringement cases in particular. When a business is preparing for patent infringement litigation, venue selection can potentially help or hurt the business’ case. There are a number of factors to take into consideration in this regard. 

For one thing, the presence of either party in a venue should be considered, as it can make a difference in the outcome of the case, depending on a business’ reputation in the community and region. A business that has a positive reputation among its employees and competitors, and the wider community, is more likely to be able to select from a jury that will deliberate neutrally with respect to the issues in the case.

Another potentially helpful or harmful factor is local patent rules. In the Eastern District of Texas, local patent rules govern a variety of matters, including disclosure of confidential information, initial disclosures of patent infringement claims, and patent claim construction. When more than one venue is possible for a patent infringement case, comparing local patent rules is important to ensure the plaintiff is not overly burdened by these rules.

In our next post, we’ll look at a couple additional factors that businesses should consider, with the help of experienced legal counsel, before selecting a venue in patent infringement litigation.

Source: United States District Court Eastern District of Texas, Patent Rules. 

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