Patent venue: a significant shift may be coming

This year in TC Heartland v. Kraft Foods, the Supreme Court is poised to decide a patent venue lawsuit that could dramatically alter the landscape of US patent litigation. Currently, the Eastern District of Texas is extremely popular among patent enforcers. In fact, an incredible 36.7 percent of all patent cases in 2016 were filed in the Eastern District of Texas, even though it is home to only 1.2 percent of the US population.1 Between 2014 and mid-2016, Judge Rodney Gilstrap of Marshall, Texas, was assigned 3,166 new patent cases, more than the combined total of cases assigned to all district court judges in California, Florida and New York.

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