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by magicalist
3912 days ago
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> These days it seems to be favored for being a relatively fast docket and having judges with more patent-expertise. Uh, neither of those are really true, the fast docket is especially wrong. In fact, there are a host of reasons why the Eastern District is popular (your source is wildly out of date due to changes since 2010). There's a reason that 44% of all patent cases for the first half of 2015 were filed in the district[1]. Juries do indeed rule for defendants there a decent amount of the time, but the rules tend to be very plaintiff-friendly in the sense that they make it very expensive to go to court at all, making settling seem all the more attractive (which just so happened to be the exact business plan of the article's subject, eDekka LLC :) Lots of sources linked in [1] [1] https://www.eff.org/deeplinks/2015/08/deep-dive-why-we-need-... |
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Even then the differences in statistics on rulings I believe can be explained by the relative sophistication of the plaintiffs who file there -- mostly patent trolls. Since trolls typically assert patents they acquire, they will go for "better" patents, and they can simply choose different patents to acquire when something like Alice comes along. Practicing entities have no such luxury and are stuck with the patents they were issued.
Lemley (the author I linked previously) and others actually have studies on these things. I'll have to dig them back up.