23 Pages Posted: 27 Jul 2010 Last revised: 12 Mar 2013
Date Written: February 15, 2010
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.
Keywords: patent, patent law, patent reform, patent litigation, venue, forum shopping
JEL Classification: O34
Suggested Citation: 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: https://ssrn.com/abstract=1649663