Justice Scalia's 'Renegade Jurisdiction': Lessons for Patent Law Reform

Abstract:     
Justice Scalia called the Eastern District of Texas ("EDTX") the "renegade jurisdiction." Critics label it the "rocket-docket" for patents. All blame it on the ills of patent litigation, demanding for national reform. This Article challenges the prevailing myths with an empirical quantitative study of more than 27,000 patent cases filed in the last decade and a qualitative study on patent forum shopping. This Article contends that the proposed venue reforms will not prevent litigants from shopping for a favorable forum in which to resolve patent litigations. This Article suggests that instead of the quick fixes vis-à-vis proposed venue reform legislation and the condemnation of the EDTX, the reformers should view the EDTX as part of the solution, a case study of how a district court has actively transformed itself into an accessible and knowledgeable court with strong expertise in solving patent disputes.

Number of Pages in PDF File: 46

Keywords: patents, justice scalia, marshall, eastern district of texas, rocket-docket, patent reform, forum shopping, patent litigation, venue

JEL Classification: intellectual property

Accepted Paper Series