The Big Question: Why are so many patent cases brought to Marshall?
There are three probable explanations for why cases are taken to
Marshall so often: plaintiff-friendly juries, the “rocket docket” and
numerous plaintiff- hungry lawyers. Today we’ll just focus on the first
reason: how and why plaintiff-friendly juries in the Eastern District
of Texas create an ideal situation for non-practicing entities.
Plaintiff-friendly juries
In a September 2006
New York Times article,
Julie Creswell wrote that patent holders in the Eastern District of
Texas docket win “78 percent of the time, compared with an average of
59 percent nationwide, according to LegalMetric, a company that tracks
patent litigation.” In a 2006 article in the Kansas City Daily Record
and republished by
Lawyer’s Weekly
Dick Dahl reported that of the eight cases that were ultimately decided
by a jury in the Eastern District, the jury sided with the plaintiff
all eight times!
In addition, juries have a history of awarding huge verdicts to
winners. The odds lead many corporate defendants to attempt to settle
before having to set foot in Marshall.
“In April, for instance, a Marshall jury returned a $73 million verdict
against EchoStar Communications for infringing the patents of TiVo,”
Crewell reports later in that same 2006 New York Times article. A
short time later, this award was trumped by a $133 million dollar
verdict in favor of Z4 Technologies in its case against Microsoft and
Autodesk, according to Dahl’s article. From 1995 to 2007 the median
damage award by Eastern District of Texas juries was approximately
$19.7 million dollars, among the highest in the nation, according to an
Omega Communications article last year.
Creswll wrote that:
“The success rate
for patent holders in Marshall is a great incentive for defendants to
settle matters quickly and privately. Since 1991, the Federal District
Court in Marshall has held less than half the number of full patent
trials as courts in Los Angeles, New York, Chicago and San Francisco.”
Additionally, Dahl wrote that the plaintiff-friendly nature of the
juries may also be attributed to the fact that Texas jurors often hold
property rights in high regard. Dahl quotes Attorney James P. Bradley
as saying that:
“When a patent holder argues that someone is infringing on its property, it's a message that resonates with Marshall Jurors.”
Stay tuned for an upcoming post on the Eastern District of Texas’ “Rocket Docket”.
