WIPR survey: Federal Circuit has caused ‘rampant’ forum-shopping, say readers
WIPR readers are in agreement with the attorney general (AG) of Texas that the US Court of Appeals for the Federal Circuit has caused “rampant” forum-shopping for patent litigation.
On Monday, February 13, WIPR reported that Ken Paxton, the AG of Texas, had filed an amicus brief at the US Supreme Court in the TC Heartland v Kraft Foods case.
The brief was filed with 16 other state attorneys.
In December last year, the Supreme Court granted TC Heartland’s writ of certiorari.
Kraft had originally sued at the US District Court for the District of Delaware. TC Heartland unsuccessfully asked the judge to transfer the case to the US District Court for the Southern District of Indiana.
In April last year, TC Heartland appealed against the decision at the Federal Circuit. However, the appeals court denied TC Heartland’s petition for a writ of mandamus.
In the state where Paxton is based, the US District Court for the Eastern District of Texas is a popular choice for patent owners to file lawsuits.
Paxton and others asked the Supreme Court to reverse rulings by the Federal Circuit which have allegedly allowed forum-shopping by patent owners seeking to influence the outcome of their cases with their venue choices.
“Amici write to highlight the forum-shopping enabled by the Federal Circuit’s expansion of patent venue and emphasise how the current venue system fosters nuisance litigation and impairs the judicial system’s reputation for the neutral administration of law,” they added.
Responding to WIPR’s recent survey, all readers agreed with the AG that the Federal Circuit has caused “rampant” forum-shopping and made abusive patent claims more potent.
One reader said: “Look at the number of cases filed and verdicts in Texas—it is an industry there.”
For this week’s survey question, we ask: "This week we reported that Italy became the 12th country to ratify the UPC Agreement. With the signatures of Germany and the UK still required, do you expect the court to be operational by December, as has been predicted?"
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