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“Filings in the district of Delaware have increased.” The situation in East Texas sucked, but how is that better than the fact that the State of Delaware is th

• lotsofpulp 4y ago
  I do not agree that the state of Delaware is the nation’s de facto merchant court, but even if true, in this case it would be because businesses choose to incorporate there, which is a legal right in the US. If I recall correctly, the reason patent trolls used East Texas is because a judge there has sons that have law firms and coincidentally come up with favorable patent rulings. There is a completely different reason to use Delaware, explained in the linked Wikipedia source. https://www.abajournal.com/news/article/patent_lawsuits_drop_21_percent_in_the_eastern_district_of_texas_as_scotus https://www.abajournal.com/news/article/patent_lawsuits_drop... >The ruling said the word “resides” requires suits filed under that prong of the statute to be filed in the state where the company is incorporated. The patent law also allows businesses to file patent suits in a district where a company being sued has a regular and established place of business. >In the first half of 2017, patent lawsuits filed in the Eastern District of Texas dropped 21.3 percent from the same period last year, according to data from Lex Machina cited by Texas Lawbook. In the same period, patent cases in the District of Delaware, where many companies are incorporated, jumped 71 percent.