The U.S. District Court for the Eastern District of Texas is known for being a difficult forum in which to succeed against a frivolous patent suit. Summary judgment rulings are rare, as the judges favor plaintiffs’ right to a jury trial. Law360 spoke with Finnegan attorney Lionel M. Lavenue about his thoughts on navigating frivolous patent cases in the Eastern District of Texas, based on his experience with the court.
Lavenue noted that the judges in the Eastern District of Texas do not favor Rule 11 motions, including those that seek sanctions. He said, “Because of the very gentlemanly and gentlewomanly approach to law that the Eastern District of Texas bar practices, you just don’t bring those types of motions. While I do appreciate that professional camaraderie, the inability for there to be a possibility for Rule 11 motions does make it easier for plaintiffs to bring nuisance lawsuits … and they can push the limits even further than in jurisdictions where that remedy is available.”
He then went on to discuss his strategy for clients faced with a frivolous patent suit. Despite the low probability of Rule 11 motions being granted in the Eastern District of Texas, Lavenue said that he sends a letter letting the plaintiff know that his client will try to pursue Rule 11 sanctions anyway. He then attaches that letter to the court filing seeking an early claim construction hearing or a motion to dismiss. He said, “The advantage of the early letter is it prepares the plaintiff to be reasonable as early as possible in the case, so that hopefully you can get the number to a nuisance value range or get a dismissal of the complaint, and the letter brief does the exact same thing.”
