New guidance from the decision-making body for United States courts was recently issued to discourage the practice of ‘judge shopping,’ however, this guidance is likely to have minimal impact on patent cases in Texas, according to experts.
Judge shopping, a practice where litigants attempt to have their case heard by a specific judge, has been a concern within the legal circuit. Despite the recent guidance, its lack of compulsory enforcement and the prevalent perception that similar measures are already implemented in high-traffic patent districts, such as Texas, suggest that its effect will be largely inconsequential.
Contrary to expectations, the guidance may not disrupt patent hotspots, particularly in the state of Texas. This is due to the discretionary nature of the guidance, and the fact that systems for discouraging judge shopping are seemingly existent within key patent jurisdictions.
For more in-depth context on this subject, legal professionals are advised to read the full coverage on Law360, where the topic is extensively covered.