After a dip in filings for 2014, Texas is back as the undisputed leader in hearing patent suits filed by plaintiffs for the first half of 2015; New York and California were up, too.
Patent suits filed in the Eastern District of Texas for the first two quarters were up 165.7% over 2014, according to Lex Machina. In the Northern District of Texas, they were up 120.7%. Delaware was down 39.5% over the same period.
Surprisingly, the Southern District of New York was up 68.2% and Southern District of California was up 36.1%.
Lex Machina is reporting 2015 is on track to be a record with more than 6,000 cases filed.
It’s difficult to know why the move back to Texas courts has occurred, but the state has been traditionally patent-friendly, and patent holders today need any edge that they can get with new obstacles like “101” (subject matter) dismissals and the Patent Trial and Appeal Board (PTAB) making it more difficult to succeed. New York has not been known as particularly patent friendly or has Southern California.
For the highest volume plaintiffs, it was definitely Texas or nothing for the first two quarters of 2015 (see second graph below).
Patent cases filings in H2 2014, H1 2015, and percentage change
(showing top 10 districts)
Plaintiffs filing 10 or more cases filed in June of 2015
(Most plaintiffs filed in the Eastern District of Texas, shown in dark blue)
Image source: lexmachina.com