Abstract

http://ssrn.com/abstract=1649663
 
 

Footnotes (110)



 


 



Venue Reform in Patent Litigation: To Transfer or Not to Transfer


Tsai-fang Chen


National Chiao Tung University Law

February 15, 2010

Wake Forest Intellectual Property Law Journal, Vol. 10, No. 2, 2010

Abstract:     
Issues of venue and forum shopping have always been present in patent litigation, but they recently have attracted the attention not only of practitioners and litigants, but lawmakers as well. This article first examines the perceived problems associated with the current venue rules and suggests that forum shopping is just a symptom of the underlying disparity in the speed, quality, and certainty of the various district courts in resolving patent disputes. Restrictive venue statues are not capable of solving these underlying problems. This article further analyzes the proposed bills in the 111th Congress, and argues that these bills will not solve the perceived problems, but instead increase the burden imposed on the federal judicial system. Finally, this article provides a new proposal with an emphasis on limiting the application of venue transfer rules, which would increase certainty and fairness in venue selection and improve the overall efficiency of the resolution of patent cases.

Number of Pages in PDF File: 23

Keywords: patent, patent law, patent reform, patent litigation, venue, forum shopping

JEL Classification: O34

Accepted Paper Series


Download This Paper

Date posted: July 27, 2010 ; Last revised: March 12, 2013

Suggested Citation

Chen, Tsai-fang, Venue Reform in Patent Litigation: To Transfer or Not to Transfer (February 15, 2010). Wake Forest Intellectual Property Law Journal, Vol. 10, No. 2, 2010. Available at SSRN: http://ssrn.com/abstract=1649663

Contact Information

Tsai-fang Chen (Contact Author)
National Chiao Tung University Law ( email )
1001 Ta-Tsueh Road
Hsin-Chu, 30010
Taiwan
Feedback to SSRN


Paper statistics
Abstract Views: 1,900
Downloads: 73
Download Rank: 191,438
Footnotes:  110

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.250 seconds