The Western District of Texas continues to be a popular destination for patent disputes, despite two different attempts to discourage judge shopping. The district unveiled a randomization policy in 2022 to counteract the surge of cases flooding its Waco Division. Amidst predictions that filings would notably decrease, the Western District maintained its status as a leading venue for these kinds of cases.
Most recently, the U.S. Judicial Conference issued guidance aimed at reducing judge shopping across “all civil cases, including patent cases.” However, some attorneys believe that the Western District, in light of its 2022 randomization order, will already be compliant with this guidance. Viewing these measures as proactive, a similar case-division order is being applied to the Eastern District of Texas, which is even more overwhelmed with cases than the Western District.
Despite these measures, it seems that Texas continues to be a preferred venue for major patent litigation, attracting vast numbers of filings. While this trend certainly highlights Texas’s appeal in the patent landscape, it also underscores the difficulty of changing entrenched legal practices and preferences.
For a more comprehensive review of these issues, the full analysis can be read here.