Legaard, Brenna K.
Lane Powell Shareholder Brenna Legaard recently authored an article in the Oregon State Bar’s Litigation Section Spring 2013 newsletter titled “Has Patent Reform Changed Texas?” In the article, Legaard discussed the favoritism of patent plaintiffs over the last decade in cases that are tried in the Eastern District of Texas, and the reforms that are being used to combat these claims of infringement. These patent plaintiffs in Texas sue corporations for patent infringement often without even practicing the technology disclosed in their asserted patents. These entities, dubbed “patent trolls,” are seen as abusive plaintiffs that drag down the economy and suppress innovation by imposing a “tax” on technology companies when their innovations unwittingly stray into the claim scope of a “troll’s” patent. In order to contest these trolling claims of infringement, many of the defendants will try to obtain a transfer out of Texas, which is viewed as the venue of choice for patent plaintiffs.