Plain Meaning: Conservative Judges Reining In the FTC?

In recent decisions analyzing the plain meaning of the FTC Act, two federal district courts have held that the FTC cannot file suit under § 53(b) of the Act where the alleged misconduct has ceased.  If upheld on appeal, the impact of these cases could be extraordinary.

New Year’s Grab Bag: Old Topics and Young Lawyers

Welcome to 2016! By all accounts, 2015 was a banner year: For patent litigation—the second–highest number of patent lawsuits ever were filed in 2015 (just behind 2013); For patent trolls, which accounted for two–thirds of those new lawsuits, up from 2014; And for the Eastern District of Texas, in which 44% of all new patent...

Eastern District of Texas Stands Alone As Venue For Patent Lawsuits

It is no secret that patent litigation has been concentrated in less than a handful of the 90–plus federal judicial districts in the United States for a number of years. In 2012—after the America Invents Act put in place the current rule that a plaintiff cannot sue unrelated defendants for infringing the same patent in...

Justice for Sale? Forum Selling In Patent Litigation

A hat tip to Written Description for nicely summarizing two recent articles on “forum selling” i.e., courts consciously encouraging litigants to file cases in their district. “Forum selling” is the counterpart to “forum shopping,” the practice of plaintiffs filing suit in jurisdictions they deem more favorable to their claims. Of particular interest is the commentary...