We’re Not in East Texas Anymore…
The Eastern District of Texas has already experienced a significant decline in patent case filings since the May 2017 United States Supreme Court decision, TC Heartland LLC v. Kraft Foods Groups Brands. Researchers trace this decline and report that Delaware and California are likely to see a significant increase in patent case filings 1For reports that TC Heartland will lead to patent filing increases in Delaware, see https://lexmachina.com/patent-litigation-trends-in-the-three-months-after-t-c-heartland/. For reports on the likely increase in cases in District Courts in California, see Recalibrating Patent Venue, Colleen V. Chien and Michael Risch, electronic copy available at: http://ssrn.com/abstract=2834130; see also https://www.unifiedpatents.com/news/2017/12/26/2017-patent-dispute-report-year-in-review.). Delaware’s increase is largely due to the fact that the TC Heartland decision defines a defendant’s residence as “place of incorporation,” and Delaware is the legal home for nearly two-thirds of all corporations in the United States. California is a distant second in legal residence for corporations but is first in corporate headquarters, especially among technology companies.
Given Delaware’s and California’s position as venues most likely to see an increase in patent case filings as a result of the TC Heartland decision, we have charted the demographic differences between the District of Delaware compared to three California venues and the Marshall Division in the Eastern District of Texas. The California venues we provided are the Central District in Los Angeles and the Northern District of California. For the Northern District, we provide separate demographics for the San Francisco/Oakland and San Jose Divisions.
Subsequent posts provide demographics for individual districts and divisions referenced here.
Demographic Data from 2016 American Community Survey (Census.gov)
2017 Voter Registration Statistics from California Secretary of State: http://elections.cdn.sos.ca.gov/ror/ror-pages/ror-odd-year-2017/county.xlsx
2017 Voter Registration Statistics from Delaware State Government: https://elections.delaware.gov/services/candidate/regtotals.shtml
*Voter Registration statistics for Marshall are based on votes in the 2016 Presidential Election: http://elections.sos.state.tx.us/elchist319_countyselect.htm
*Data from the Bureau of Labor & Statistics, 2016. Includes employment in the following:
Computer & Information Systems, Mathematical, Engineering & Architecture, Life, Physical, and Social Sciences. https://www.bls.gov/oes/current/oes_stru.htm