Crowell & Moring's Litigation Forecast 2018

Jurisdictional Analysis – Time to Trial, Favorable Courts & Other Litigation Trends

Author: Keith Harrison.

January 2018


While past events are no guarantee of the future, certain litigation trends can be useful barometers. For example, the national downward trend for patent litigation has continued since the advent of the America Invents Act. But while the overall trend is downward, E.D. Texas still maintains its place as the most popular location for new patent cases—at least for now. But that trend may not hold. Patent case filings in D. Delaware have exploded due to the Supreme Court’s May 2017 decision in TC Heartland, and Delaware is now a close second to E.D. Texas. N.D. California also saw a dramatic rise in patent filings. Instead of flocking to E.D. Texas, patent owners are pivoting to D. Delaware and N.D. California, where venue can be established based on corporate headquarters. While E.D. Texas may still have more total IP filings due to its pre-TC Heartland head start, since that decision, Delaware has had the most filings and that trend will continue. Another trend is the dramatic increase in antitrust filings in E.D. Pennsylvania, which is largely due to the many pharmaceutical companies based there, and the In re: Generic Pharmaceuticals Pricing Antitrust Litigation, which is ongoing.

  • C.D. CaliforniaLargest number of damages awards for commercial cases in 2017.
  • D. Nevada — Slow road to trial: 43.7 months for civil cases from filing to trial.
  • S.D. Illinois — Slowest in resolving cases: 35.8 months for civil cases from filing to disposition.
  • E.D. Missouri — 6.2 months for civil cases from filing to disposition.
  • E.D. Michigan — Largest damage award at $435.744 million.
  • N.D. Ohio — Took 12.9 months for civil cases from filing to disposition.
  • E.D. Pennsylvania — Most antitrust filings, overtaking both E.D. New York and N.D. California.
  • S.D. New York — Most FCA cases; most MDL cases pending in 2017.
  • E.D. Virginia — Fastest to trial: 10 months.
  • S.D. Florida — Fastest at resolving cases: 4.1 months for civil cases from filing to disposition.

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Keith J. Harrison
Partner – Washington, D.C.
Phone: +1.202.624.2560