In “Delaware Patent Suits Dwindle as Plaintiffs Flock to EDTX,” Law360 examined the near 50 percent decline of patent suits in Delaware and why plaintiffs are more inclined to file in the Eastern District of Texas.
Delaware patent filings fell to 533 in 2015, quite low in comparison to 929 in 2014 and 1,310 in 2013. Conversely, the Eastern District of Texas filing numbers surged far ahead in 2015 to 2,523 new complaints.
Co-chair of Kaye Scholer’s Intellectual Property Department and managing partner of the firm’s Silicon Valley office, Michael Malecek, explained that while it's clear that any nonpracticing entity that wants to file a raft of suits over a business method patent is no longer going to do it in Delaware because of Alice, that trend could provide an opening for competitor suits and other more-involved patent cases. Whereas many may have concerns for filing in Delaware, Malecek said that this trend could provide an opening for competitor suits and other more-involved patent cases.
He added, “The judges' workload is decreasing, and they’re able to focus on good, old-fashioned non-troll litigation. It might be a great time to file in Delaware if you feel you’re not going to draw an [Alice] challenge."
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