How To Get Out Of Dodge: Patent Venue Transfer Strategies

Law360, New York (April 23, 2014, 12:28 PM EDT) -- Venue is important in U.S. district court litigation. It dictates the procedural rules to be applied, sets the pace of the litigation, and defines the jury pool. Venue can even impact determination of the substantive law that will govern the parties' rights, especially those arising under state law. Venue considerations are particularly pronounced in patent litigation, where plaintiffs are prone to filing suit in a handful of select venues in order to capitalize on fast-pace local patent rules, generous juries, and experienced jurists who embrace patent litigation. And in some nonpracticing entity cases, these pressure points often operate to elicit risk-abating settlements that are divorced from the economic value of the infringement claim....

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