A Shift Toward Fee Awards In Delaware

Law360, New York (October 16, 2014, 10:20 AM EDT) -- The District of Delaware has been a popular venue for patent holders. Since 2008, the court has trailed only the Eastern District of Texas in the number of patent cases filed, and last year had the largest year-over-year increase in patent filings of any district.[1] There are a number of reasons — real or perceived — for this popularity, such as favorability to patentees (including overall success rates, time to trial, damages awards);[2] target companies' incorporation in Delaware and the ability of plaintiffs to maintain venue; experienced, patent-savvy judges; the likelihood of surviving summary judgment; and the availability of default discovery standards....

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