As reported by Bloomberg News, the Chief Justice of the Supreme Court of the United States, John Roberts, has supported the call for the federal courts’ policy-making body to review rules that have led to a high volume of patent cases in a Texas court.
According to members of Congress, 25% of all patent cases in the country are concentrated before a single court in Waco, Texas. Texas courts are particularly favoured by patent-licensing firms (or "non-practicing entities"), who do not make products themselves, but file lawsuits against tech developers, manufacturers and retailers in an attempt to collect royalties.
In the 2021 annual year-end report on the judiciary, Chief Justice Roberts stated that the Judicial Conference of the U.S. will review the issue of judicial assignment and venue for patent cases in federal trial courts.
The report, which could be issued by May 1st, will focus on the Western District of Texas, where local rules allow litigants to select the courthouse where they want to file their cases.
Authors: Jaclyn Tilak and Rebecca Ro, 2021/2022 Articling Student-at-law
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