Analysis

Del. Faces IP Surge, Bench Gaps On TC Heartland's Birthday

Law360 (May 22, 2018, 6:48 PM EDT) -- One year after the U.S. Supreme Court’s TC Heartland ruling steered hundreds of new patent cases to Delaware from Texas and other states, federal judges and attorneys are patently scrambling to manage the surge with fewer resident judges.

The high court’s ruling in May 2017, which made a defendant’s state of incorporation key to determining where suits begin, was followed by a 91 percent hike in Delaware-filed patent suits between May 22, 2017 and May 15 of this year, and a 65-percent increase in IP cases overall.

Results were nearly immediate, particularly for those firms and businesses that had been gravitating...

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