Tuesday, January 31, 2012

Court's Participation in Patent Pilot Program Does Not Influence Venue Analysis

The court granted defendant's alternative motion to transfer venue and rejected plaintiff's argument that judges in the current forum were more familiar with patent law due to participation in the Patent Pilot Program. "[T]he program does not necessarily enhance the patent expertise of the participating districts vis-à-vis other districts. Instead, it enhances the patent expertise of participating judges within a district vis-à-vis other judges in the same district. Moreover, if the program is made permanent, Congress will likely extend it to all districts, rather than leaving some districts in the program and creating the impression that they are specialty patent courts. . . . Participation in the program thus should not weigh in the venue transfer analysis."

Keith Lewis v. Grote Industries, Inc., 1-11-cv-07069 (ILND January 24, 2012, Order) (Holderman, J.)

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