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jpark | 13 years ago

Yes, that is why it is very difficult to get a change of venue out of the Eastern District.

That's just one of the reasons why ED Texas is so deadly.

Others:

In the ED, it is extremely difficult to get a motion to stay pending review of the patent by the USPTO. The court also moves very quickly, which compresses the financial burden of defense into a short time period. The fast moving court also makes it difficult to get a review completed by the USPTO in time before trial.

That said, the AIA compels the USPTO to rule much quicker, increasing the probability that you can get the patent invalidated before it reaches trial. However, the cost of the new review process is incredibly expensive: hundreds of thousands of dollars if you have an average lawyer. Could be a million if you have a top law firm billing you.

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