Forghany Quoted on Patent Litigation Trends in 2025
Law360
Partner Ehsun Forghany was interviewed by Law360 on the rise of patent case filings, particularly in the Eastern District of Texas, which, after receiving 1,069 new patent complaints in 2024, surpassed the Western District of Texas as the most popular venue for patent litigation.
Ehsun tied this trend to a 2022 rule change in the Western District of Texas. Under a new policy that year, suits filed in Waco, Texas, are randomly distributed to the judges in the district, rather than being assigned to US District Judge Alan Albright, who has historically attracted many patent plaintiffs to his courtroom with procedures they viewed as favorable, including scheduling trials quickly.
Without the certainty of being able to litigate before Judge Albright, plaintiffs have begun filing in the Eastern District of Texas again, which has long been a popular venue and is also known for fast trials and judges with a wealth of patent experience.
Ehsun said that under the Eastern District rules, Judge J. Rodney Gilstrap hears 90% of the civil cases filed in his courthouse, so patent owners know they have a good chance of having their case heard by him.
“At the end of the day, plaintiffs want consistency, not the roulette wheel now dictating case assignments in the Western District,” Ehsun said.
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