With an estimated 1,500 patent infringement lawsuits expected to be filed in 2020 in U.S. district courts in Texas, Dallas partner John M. Jackson spoke with The Texas Lawbook about the COVID-19 pandemic and its impact on patent disputes as hearings have moved to an online forum.
As of October 31, 2020, the Western District of Texas has added 757 patent infringement cases—most of which are before Judge Alan Albright—and new cases can be filed for two more months.
“Judge Albright is very efficient in handling matters quickly, and he has a great staff who helps him,” John noted. “If there is a discovery dispute during a deposition, Judge Albright will jump on the phone to make a decision on the spot instead of requiring lawyers to file motions and briefs. That saves the parties money.”
Money is a major factor in the increasing number of patent infringement filings in all four federal court districts. Because of the pandemic, the costs of litigation, particularly involving patent disputes, has reduced.
“Before, we had to go to East Texas or to Waco for court hearings and fly experts or witnesses into town from all over the country for depositions,” John said. “Now, it is always by Zoom, and there is a significant cost savings for the clients and businesses.”
As a result, defendants are not under as much pressure to settle their cases. “Cost is often a catalyst to settle,” he added.
To read more, view The Texas Lawbook article “Violate My Patents? See You in Texas.” For insights about the shift in patent litigation caseloads in Texas, view the following articles:
- John Jackson to Speak at IPWatchdog CON2020 on “Litigating Patents in Texas”
- Law360 Quotes Wasif Qureshi on Impact of the TC Heartland Decision
John M. Jackson has represented clients in patent litigation and complex commercial litigation matters in federal and state courts throughout the country, and in the International Trade Commission (ITC). John has served as trial counsel in more than 125 patent infringement lawsuits nationally and has handed matters before the ITC. He has tried three major patent infringement cases to a jury and has considerable experience with all aspects of the claim construction or Markman process in patent infringement lawsuits. In addition to his intellectual property practice, John co-chairs the Firm’s Cybersecurity Litigation Group and counsels clients concerning data privacy issues. He has earned certification as a Certified Information Privacy Professional (CIPP/US) and a Certified Information Privacy Manager through the International Association of Privacy Professionals.
To explore Jackson Walker’s experience in obtaining, protecting, and enforcing intellectual property rights in the U.S. and abroad for our clients, visit our Intellectual Property practice page.