SOUTHEAST TEXAS RECORD

Although the federal Eastern District of Texas has traditionally been reluctant to grant motions to change venue in false patent marking cases, it appears things are changing.

On Feb. 23, the Northern District of Ohio and specifically U.S. District Judge Dan Polster issued an important opinion � in Unique Products Solutions Ltd v. Hy-Grade Valve Inc. - granting a motion to dismiss the false marking case on the grounds that the qui tam provision is unconstitutional.

The Federal Circuit seems to be trying to make a point with regards to venue shopping.

A recent Federal Circuit ruling, In re Microsoft Corp., No. 944 (Fed. Cir Nov. 8, 2010), has significant implications for businesses contemplating establishing local ties to support favorable litigation jurisdiction.

Ward U.S. District Court Judge T. John Ward of Marshall will retire as of October 2011.

An interesting strategic decision by Alston & Bird LLP turned out to be very costly for their clients, E-Z-EM Inc. and ACIST Medical Systems Inc. ("Defendants"), and serves as a cautionary tale.

While many districts have and continue to grant stays in patent litigation pending reexamination, several recent rulings from the Eastern District of Texas have held the opposite, with potentially significant implications for the litigation itself.

A recent decision in a false marking case in the Southern District of Texas has significant implications for the Eastern District and beyond.

Keenan There have been a flurry of "false marking" cases filed recently, several of which have been in the Eastern District of Texas.