Strategies For Removal From Texas

Law360, New York (May 17, 2011, 2:05 PM EDT) -- With the Federal Circuit’s TS Tech decision in late 2008, many anticipated that the Eastern District of Texas’ stranglehold on a disproportionate amount of U.S. patent litigation would come to an abrupt end. Obviously, that prediction has not come to fruition — at least not yet. Nevertheless, repeated subsequent Federal Circuit intervention has emphasized that when the facts clearly warrant it, transfer out of the Eastern District is attainable.

Standard to Transfer Venue

TS Tech made plain that the Texas district courts remain obligated to apply...
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