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

46 Pages Posted: 2 May 2008 Last revised: 13 Oct 2013

Xuan-Thao Nguyen

Indiana University Robert H. McKinney School of Law, Center for Intellectual Property & Innovation

Date Written: May 1, 2008

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.

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

JEL Classification: intellectual property

Suggested Citation

Nguyen, Xuan-Thao, Justice Scalia's 'Renegade Jurisdiction': Lessons for Patent Law Reform (May 1, 2008). Tulane Law Review, Vol. 83, p. 111, 2008. Available at SSRN: https://ssrn.com/abstract=1127688

Xuan-Thao Nguyen (Contact Author)

Indiana University Robert H. McKinney School of Law, Center for Intellectual Property & Innovation ( email )

530 West New York Street
Indianapolis, IN 46202
United States
317-274-8146 (Phone)

HOME PAGE: http://mckinneylaw.iu.edu/faculty-staff/profile.cfm?Id=582

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