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: