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interesting read

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    Another interesting post from my favourite, well to be honest only, Eastern District of Texas Federal court blogger I know. Last paragraph aside, if Judge Ward rules in IPR's favour then the odds of a successful appeal by Nortel are not in Nortel's favour.

    Eastern District of Texas docket statistics & reversal rates.

    Saw some interesting statistics today that I thought I'd pass along. Since 2000, the Eastern District has had some 861 patent cases filed. During that time period, Judges T. John Ward (most of Marshall and a small part of Texarkana) and Leonard Davis (most of Tyler and parts of Lufkin and Sherman from time to time) have shared approximately 62% of that docket, or 541 patent cases, and with the exception of one term in one Markman ruling by Judge Ward, which did not require reversal, neither has ever been reversed by the Federal Circuit - not on a claims construction ruling, not on a discovery ruling, not as a result of mandamus, or anything else. (Neither has Judge Clark incidentally, which would raise the rate to 71% of the cases handled during that time period, and 76% of current filings) but in fairness, he has had only two cases appealed of the two dozen or so he has closed since starting handling patent cases, and neither has been decided).

    That's over five hundred patent cases handled without a reversal on appeal in the past seven years.

    Some commentators would say that this points to the expertise that these judges with substantial trial experience have developed handling patent cases, and the efficiencies that are achieved by having experienced judges handle these complex cases.

    I keep thinking there's got to be another connection - surely it can't just be that Judge Davis and Judge Ward both attended Baylor Law School.
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