Patexia Insight 229: Patent Litigation Trends Shifting in the Most Active U.S. Courts

Next week, we are releasing the Patent Litigation Intelligence Report 2025, a comprehensive analysis of the U.S. patent litigation landscape. This report offers an all-encompassing view of key trends, from filing-related statistics and outcome analysis to insights into the most litigated technologies and judicial activity. At its core, the report features detailed rankings by activity and performance for top attorneys, law firms, and companies, providing stakeholders with actionable intelligence to enhance their strategies.

This week, as a preview, we’re focusing on the three most active district courts in patent litigation—Texas Eastern, Texas Western, and Delaware. These courts have historically dominated the patent litigation landscape, consistently attracting high filing volumes due to their unique characteristics and perceived advantages. However, shifts in their strategic importance over the years reflect broader changes in the legal and procedural environment. The chart below provides a comparative look at filing trends in these courts over the past six years, revealing how fluctuations have been influenced by evolving venue rules, judicial practices, and strategic considerations. By analyzing this data, we uncover the driving forces behind these trends and their implications for stakeholders in the patent litigation space.

 

Venue selection in patent litigation is primarily governed by 28 U.S.C. § 1400(b), which limits filings to districts where the defendant is incorporated or has committed acts of infringement and maintained a regular and established place of business. This framework allows plaintiffs significant flexibility in choosing venues perceived as advantageous, with some districts becoming a focal point for such "venue shopping." However, in 2017, the Supreme Court's TC Heartland LLC v. Kraft Foods Group Brands LLC decision reshaped the landscape. The ruling narrowed the interpretation of § 1400(b) and required plaintiffs to demonstrate a more tangible connection between the defendant's business operations and the chosen venue, leading to a redistribution of filings across other districts.

From 2019 to 2021, the Western District of Texas experienced a significant rise in filings, peaking at 992 cases in 2021. This rapid growth was fueled by a combination of favorable procedural rules and the popularity of Judge Alan Albright, who was appointed in 2018 and actively encouraged patent cases in his court. However, filings in the district saw a sharp decline in subsequent years, dropping to 373 cases in 2024. This downturn aligns with procedural changes, particularly the random patent case assignment order implemented by Chief Judge Orlando Garcia in 2022. Prior to this change, plaintiffs often strategically filed cases in the Waco Division of the Western District of Texas with the expectation that their case would be assigned to Judge Albright, who had gained a reputation for being favorable to patent plaintiffs. Now, plaintiffs face increased uncertainty about which judge will preside over their case, leading many to reconsider their venue choices.

The Eastern District of Texas has historically attracted litigation due to its adoption of local patent rules, which streamlined case management and provided a structured framework for resolving complex disputes. Over time, the perception of the Eastern District as plaintiff-friendly further boosted its appeal, with plaintiffs drawn by higher success rates and damages awards. Additionally, the Eastern District became known as a "rocket docket," offering expedited trial schedules. This was particularly beneficial for plaintiffs, as patents are time-sensitive assets, and quicker trials often led to timely injunctions that restricted defendants’ use of disputed assets. Defendants, too, found value in the district’s swift resolutions, which helped minimize litigation costs and uncertainties. Former USPTO Director Andrei Iancu has noted that the experience and expertise of judges in this district also played a significant role in attracting patent cases.

One of these judges, Chief Judge Rodney Gilstrap, has recently gained even more momentum in the patent litigation space due to an order he signed in January 2023. This order allows 90% of all civil cases filed in the Marshall Division to be assigned to him, ensuring consistency and predictability for plaintiffs who prefer to avoid the uncertainty of randomized judge assignments. Gilstrap’s extensive experience in handling patent cases, coupled with his courtroom’s structured approach and the certainty his order provides, has significantly contributed to the Eastern District’s resurgence as a leading forum for patent disputes, reaching 1,079 cases in 2024.

Delaware has also long been a hub for patent litigation due to its established legal infrastructure and expertise in handling complex intellectual property disputes. However, recent trends indicate a significant decline in the number of lawsuits filed in the district. A key driver of this downturn is Chief Judge Colm F. Connolly’s April 2022 standing order mandating disclosure of third-party litigation funding. This requirement, which aimed to enhance transparency, led to a reduction in patent filings in the past two years. While this disclosure rule may deter cases funded by litigation finance, it has also prompted some plaintiffs to shift their filings to other jurisdictions. Despite this recent decline, Delaware remains a key venue for patent disputes, albeit with a changing litigation landscape.

The insights in this article are drawn from the upcoming 2025 Patent Litigation Intelligence Report by Patexia, a comprehensive data-based report on the best-performing and most active patent attorneys, law firms, and companies. It is used by legal professionals seeking to distinguish themselves in the market, businesses selecting the right legal counsel, and showcases attorneys and firms that represent key players in their respective categories.

How are Patent Litigation analytics made possible?

Patexia collects real-time data from all patent litigation filings, including trends in case filings, parties involved, and outcomes such as dismissals, settlements, and judgments. The report also ranks law firms, attorneys, and companies involved, spotlighting the top performers in patent cases. The collected data is then processed using statistical techniques and machine learning to provide accurate, up-to-date insights that are available in the forms of the annual report and subscription to interlinked data.

You can learn more details on the report here, whereas patent litigation data is accompanied by other IP intelligence reports in the areas of ANDA, PTAB, ITC Section 337 litigation, and more.