Federal Circuit’s Transfer Decisions Forcing Plaintiffs to Re-evaluate Their Eastern District of Texas Strategy

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In re Hoffman-La Roche Inc. and In re Nintendo Co., Ltd. are the latest in a series of Federal Circuit decisions that have shifted the legal landscape regarding patent venue —turning the tide in favor of defendants seeking to transfer cases out of the Eastern District of Texas.[1] Indeed, it appears that a plaintiff?s chances of successfully opposing a transfer motion out of the Eastern District of Texas are lower than ever before.

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