Patent Litigation

Woodard Emhardt Obtains Order Transferring Patent Case out of the ED of Texas

September 28, 2012

Judge Leonard Davis of the Eastern District of Texas recently ordered that a patent infringement lawsuit filed against an Indianapolis based company be transferred to the Southern District of Indiana.  The lawsuit was filed following the effective date of the new joinder provisions of the America Invents Act which prevent Plaintiffs from filing large multi-defendant lawsuits.  The case involved a New York based Plaintiff and Judge Davis found that the Southern District of Indiana was clearly a more appropriate forum.  Woodard Emhardt attorneys Spiro Bereveskos and Bill McKenna are representing the Defendant. Unable to Push Litigation Out of the Eastern District Of Texas

May 14, 2012

In a recent patent infringement case, asked to have the case transferred from the Eastern District to the Western District of Texas. That motion was denied by the Eastern District federal court judge. Amazon appealed to the Federal Circuit (because the case involved patents) effectively asking the Federal Circuit to force the district court judge to vacate the original order and transfer the case. However, the Federal Circuit denied Amazon’s request and upheld the Eastern District court’s refusal to transfer the case (In re, Misc. No. 115, nonprecedential).

 In denying Amazon’s motion to transfer, the Federal Circuit noted that was seeking “an extraordinary remedy, available to correct a clear abuse of discretion or usurpation of judicial power.” In short, the Federal Circuit found neither in this case. Amazon had argued that access to sources of proof favored transferring the case. However, the Federal Circuit found no clear abuse of discretion in the District Court’s finding that the relative ease of access to evidence in the case did not favor transfer. Even though the district court had relied on the fact that some of the defendants’ likely documentary evidence was outside, but closer to, the Eastern District of Texas, the Federal Circuit relied on the fact that no defendant was headquartered in the Western District of Texas, and that “transfer here would not result in trial of the case where the alleged infringing products were developed and where a significant amount of the defendants’ sources of proof are maintained.”

 Amazon also argued in favor of moving the case based on severance and judicial economy but both of these arguments were also unpersuasive. In conclusion, the Federal Circuit stated that Amazon failed to make “a compelling showing that the Western District is a clearly more convenient venue” and therefore the court could not say that “the District Court’s decision amounted to a clear abuse of discretion.”

Will the America Invents Act (AIA) Change Patent Litigation in the Eastern District of Texas?

December 15, 2011

Below is a presentation examining whether the AIA will change patent litigation in the Eastern District of Texas. The presentation explores aspects of the AIA, including changes to joinder, Post Grant Review and Inter Partes Review and how each of these changes in the law may impact patent litigation, particular with regard to the Eastern District of Texas. Click here to download a copy.