Patent litigation heats up in the Southern District of Florida: practical implications for brand owners

By Jeremy T Elman

Patent litigation is on the rise nationally, with a record number of cases being filed every year. In 2013, more than 6,800 cases were filed in the US, the highest number ever and about a 10 per cent increase from 2012.

In our last IPT News, we noted the dash to the finish between the District of Delaware and the Eastern District of Texas (EDTX) for the highest number of patent cases in 2013. The winner is the EDTX, in a tight race that ended with 1,512 filings for the EDTX and 1,329 for Delaware. Those two jurisdictions, which alone account for more than 40 per cent of all patent cases filed in the US, are favoured by plaintiffs for the expectation of high damages awards, high patentee win rates, streamlined discovery and knowledgeable judges.

Although not yet operating on the scale of the EDTX or Delaware, the Southern District of Florida is rising in popularity as a patent jurisdiction. In 2013, the Southern District of Florida became the seventh busiest jurisdiction, trailing EDTX, Delaware, the Central, Northern and Southern Districts of California and the Northern District of Illinois. While most of these districts are well-known patent venues, the Southern District of Florida is new to the party – so new that since 2009 the district has seen a 400 per cent growth in patent cases…

This originally appeared in DLA Piper’s IPT News Q1 2014.

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