SEPTEMBER 2008
Your guide to US patent venues
As more and more US courts become patent-savvy, it is important to understand the procedural differences between the main venues. Authors in five districts and the ITC answer your questions
| One-minute read |
| Deciding where to try a patent case in the US has become an increasingly complex art form. Gone are the days when the Eastern District of Texas was the nation's only so-called rocket-docket, with its own unique set of local patent rules; today several courts throughout the country have special rules and procedures for patent cases, and judges are becoming ever more knowledgeable and sophisticated about patent-related technologies. So how do you decide which forum to choose? A round-up of information about five of the most popular districts for bringing patent cases in the US – plus a special piece on when and how patent owners should approach the US International Trade Commission – provides an overview of the differences between some of the nation's key patent courts. |
Does the forum have local patent rules or other relevant local procedures that might impact patent cases?
ED of TX: The Eastern District of Texas has local Patent Rules that all of its judges use. The Patent Rules provide default deadlines for infringement and invalidity contentions, as well as for claim construction. In most cases, the parties will negotiate a scheduling order.
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