New York may have recently become a little more inviting for patent holders looking to file suit to enforce their patent rights. On June 7, 2011, the Administrative Office of the U.S. Courts announced the 14 district courts that have been chosen to participate in a congressionally-mandated Patent Pilot Program (the program). The Southern and Eastern districts of New York are among the courts selected.1 Now, when a plaintiff files a patent infringement action in one of these courts, if the case is assigned to a judge who has not, as part of this program, requested to hear patent cases, that judge can decline the case so that it can be assigned to a judge who has made such a request.2 In other words, if you file a patent case in one of these courts, you are less likely to end up with a judge who would rather swim the East River—in February—than hear your patent case,
Reprinted with permission from the December 12, 2011 edition of the NEW YORK LAW JOURNAL© 2011 ALM Media Properties, LLC. All rights reserved.
