Bass, Berry & Sim attorney Terry Clark provided comments for a Law360 article examining the rise of the District of Delaware as the preferred court for filing patent claims. Prior to the Supreme Court’s 2017 ruling in TC Heartland LLC v. Kraft Foods Group Brands LLC, most patent litigation was filed in the Eastern District of Texas. The Heartland decision required that lawsuits be filed where the defendant has a regular and established place of business instead just a mere presence.
As Terry pointed out for Law360, “I think the Eastern District of Texas is still a favorable forum for certain of the nonpracticing entities. But there’s a clear shift away from that district to other forums.”
The full article, “Delaware Outstrips Texas as Top Patent Hotspot of 2018,” was published by Law360 on January 31, 2019, and is available online