Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article suggesting “Texas’ reputation as the nation’s top venue for patent disputes hasn’t faded”;
- an article arguing a recent Federal Circuit ruling related to patent marking “will complicate licensing talks” between patent owners and prospective licensees and “and give defendants a route to limit or escape damages in some cases”;
- a press release reporting how, “[o]n the eve of the 250th anniversary of Independence Day, in the nation’s capital, the Federal Circuit Center for Innovation and Law invited the public to the Justice Up Close, History All Around civics program”; and
- an article “ranking the Circuit Courts by importance.”
Michelle Casady filed a report with the Texas Lawbook suggesting “Texas’ reputation as the nation’s top venue for patent disputes hasn’t faded.” She points to new Lex Machina data showing that “a remarkable 40.4 percent of all patent litigation in the country from 2023 through 2025 was adjudicated in the state.” Casady notes that “the Eastern District of Texas took the top overall spot, followed by the Western District of Texas, while U.S. District Judge Rodney Gilstrap alone “handled 19.9 percent of all patent cases in the country.”
Ryan Davis wrote an article for Law360 arguing a recent Federal Circuit ruling related to patent marking “will complicate licensing talks” between patent owners and prospective licensees and “and give defendants a route to limit or escape damages in some cases.” According to Davis, the opinion highlights how “[t]he best practice for patent owners is to include a provision in every settlement agreement spelling out that the licensee has an obligation to mark their products with patent information, but that may be easier said than done.” For more information, check out the opinion in VDPP, LLC v. Volkswagen Group of America, Inc.
The Administrative Office of the U.S. Courts issued a press release reporting how, “[o]n the eve of the 250th anniversary of Independence Day, in the nation’s capital, the Federal Circuit Center for Innovation and Law invited the public to the Justice Up Close, History All Around civics program to explore how law, innovation, science, and civic action have shaped the nation.” The release explains how “1,500 attendees moved from immersive digital exhibits to real courtrooms, saw space artifacts, heard stories of invention, protest, and progress, and learned how past legal questions shaped America’s future.”
David Lat published an article on Original Jurisdiction “ranking the Circuit Courts by importance.” In ranking “the circuit courts . . . by the populations they cover,” for example, Lat ranked the Federal Circuit last, indicating “N/A” even though the Federal Circuit’s jurisdiction extends to the entire country. He also ranked the Circuit Courts, including the Federal Circuit, “by cases filed during the 12-month period ending June 30, 2026.”