Ironically, the broadened interpretation of the patent venue laws has led to severe concentration of patent litigation. Nearly half of all patent cases are now filed in just two judicial districts, and nearly 25 percent are filed before one judge in the Eastern District of Texas. This has had numerous adverse effects on patent law and practice, such as depriving patent law of the diversity of viewpoints necessary for a healthy and robust common law. And this increase in forum shopping has undermined public confidence in the fundamental fairness of the patent system and the courts, and risks diminishing the credibility of the bar.
To address these problems, the ABA, pursuant to a policy adopted by the ABA House of Delegates in the summer of 2016, filed its amicus brief in the TC Heartland case urging the Supreme Court to conclude that the special patent venue should not be given the expansive definition applied by the Federal Circuit.
You can view the full brief online here.
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