April 21, 2021
Managing Intellectual Property
The Western District of Texas could become a top venue for pharmaceutical cases based on recent trends. Traditionally a venue for patent litigation related to technology, the Western District of Texas received nine biotech cases in 2020, more than any other venue apart from the District of Delaware and the District of New Jersey. Managing Intellectual Property interviewed Finnegan partner Laura Masurovsky for her insight into this trend.
Laura agrees that the Western District of Texas will likely become a more attractive venue for biotech companies, but only those who can satisfy the venue requirement will be able to argue there. While there are several big innovator pharmaceutical companies with a significant presence in the western district, there are far fewer generic pharmaceutical companies, which tend to be defendants and are usually incorporated in Delaware or New Jersey.
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