House IP Subcommittee Slams "Reprehensible" EDTX

Judge Gilstrap Singled Out in Congressional Hearing as Defying SCOTUS

Yesterday, the House IP Subcommittee on the Courts, Intellectual Property and the Internet conducted a hearing entitled: The Impact of Bad Patents on American Businesses. During the hearing, Chairman Darrell Issa (R-Calif.) and House Judiciary Committee Chairman Bob Goodlatte (R-Va.) did not mince words expressing their displeasure with the EDTX's handling of the Supreme Court's recent decision in TC Heartland.

At the opening of the hearing, Chairman Issa explained that Judge Gilstrap's interpretation of TC Heartland "rejects the Supreme Court's unanimous decision" and is "an act I find reprehensible."  It only got worse from there.

Chairman Issa explained that Judge Gilstrap may be more interested in serving the surrounding hotels and law firms, but that his recent decision outlining his TC Heartland analysis "does not serve justice" (ouch).  Then, Chairman Issa finished up with: "it is not common for a member of Congress to call out an individual judge or a district, but after a long period of enrichment of a community by judges who consider that community's well being as part of their goal, I can reach no other conclusion "

Comments by Representative Bob Goodlatte were more measured, but also strong, he stated:

Just a few weeks ago, the Supreme Court in its TC Heartland decision concurred with Congressional enactment of a patent specific venue provision in Title 18. This decision was expected to lead to a sharp reduction in cases being filed in one particular district in Texas that seems skilled at attracting patent trolls. Unfortunately, one judge in this district has already re-interpreted both the law and the unanimous Supreme Court decision to keep as many patent cases as possible in his district in defiance of the Supreme Court and Congressional intent.

While Congress seems unlikely to get to any significant patent reform given its current dance card, EDTX may have just invited a rifle-shot bill targeting its venue practices in the short term.

Scott A. McKeown is an author of the Patents Post Grant.