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September 25, 2017


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A decade and a bit ago, before the full rise of EDTx I did an analysis for Japanese clients of the degree to which they tended to suffer from xenophobia in patent cases, and later updated it as a tech GC. In broad terms the results were:

1. Stay north of the Mason/Dixon line;
2. Try to be in major metropolitan areas;
3. Judges are better than juries except in EDVA (especially outside Alexandria);
4. All things being equal, you’re better off in a district with a highly educated jury pool, especially one with a lot of STEM graduates.

Patent litigation risks are something companies consider when making investments. It’s not inconceivable that one effect of TC Heartland would be to deter international tech companies from investing in districts seen as overly pro-patient plaintiff.

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