Amarin Corp Plc (AMRN)

[marjac]

The Western District of Texas has become the leading venue for the filing of patent infringement cases, closely followed by the District of Delaware. The leader used to be the Eastern District of Texas, until a SCOTUS decision in 2017 held that patent infringement cases are to be filed in the State where the defendant is incorporated.

However at the time the current case was filed, Amarin could have filed in any venue, but instead, for some inexplicable reason, chose to file in the District of Nevada. Choice of venue matters. Decisions by management and their lawyers matter.

While it is not guaranteed what would have happened in another venue, the fact remains that cases were filed in these various favorable venues for valid strategic and tactical reasons, yet Amarin got cute by choosing Nevada. There is a strong likelihood that this whole fiasco could have, and should have been avoided simply through the prudent choice of venue.

https://www.law.com/nationallawjournal/2020/07/01/patent-litigation-is-on-the-rebound-led-by-wd-texas-filings/?utm_campaign=compilation+piece+-+attorney&utm_medium=email&utm_source=autopilot