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Copyright (c) 2008 by the Tulane Law Review Association
Tulane Law Review

ARTICLE: Justice Scalia's "Renegade Jurisdiction": Lessons for Patent Law Reform

November, 2008

Tulane Law Review

83 Tul. L. Rev. 111


Xuan-Thao Nguyen*


I. Introduction
It has become a fashionable practice lately for lawyers of major corporations and national newspapers to join in the chorus, criticizing the United States District Court for the Eastern District of Texas (EDTX) for its patent rocket-docket with "speedy judges." 1 Justice Scalia participated in the mix by calling the EDTX a "renegade jurisdiction[]" during the oral argument for eBay Inc. v. MercExchange, L.L.C. 2 Critics regard the EDTX as a plaintiff's haven for patent litigation. 3 Moreover, as the comments and myths about the EDTX increase, recent national calls for patent law reforms inject the EDTX at the center of the venue provisions of various proposed legislation. 4 Many seem to blame the EDTX for the wrongs of the patent litigation system. 5

To steer patent litigation away from the EDTX, various interest groups have proposed a number of national reform proposals to end patent forum shopping. One of the proposals asserts that a patent case may only be brought in a judicial district where either party to the litigation resides or where the defendant has committed infringement and has a regular place of business. 6 Another proposal narrows the patentee's choice of forum by allowing the patentee to bring its patent infringement case only in the judicial district where the defendant resides. 7 Another proposal advocates that judges must transfer patent cases filed without substantial evidence or witnesses connected to the forum and prohibits the use or sale of the infringing products from ...
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