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In 2015, 45% of all patent cases were filed in the Eastern District of Texas in Marshall, and 28% of all patent cases were filed before James Rodney Gilstrap, as this court was known for favoring plaintiffs and for its expertise in patent suits. [2]
The TTAB decides ex parte appeals from decisions by USPTO Examiners denying registration of marks, and inter partes proceedings challenging the registration of marks. Decisions of the TTAB may be appealed to a United States district court, or to the United States Court of Appeals for the Federal Circuit.
Such a registration is achieved by filing a concurrent use application (or by converting an existing application to a concurrent use application) and then prevailing in a concurrent use proceeding before the Trademark Trial and Appeal Board ("TTAB"), which is a judicial body within the United States Patent and Trademark Office ("USPTO").
Districts map. There are fourteen appellate districts each of which encompasses multiple counties and is presided over by a Texas Court of Appeals denominated by number: [19] The counties of Gregg, Rusk, Upshur, and Wood are in the jurisdictions of both the Sixth and Twelfth Courts, while Hunt County is in the jurisdiction of both the Fifth and Sixth Courts.
Litigation in the Federal District Courts remains the main remedy for patent infringement. 5000-6000 patent cases are filed each year in the United States. The two most popular districts for patent cases are E.D. Texas and D. Delaware. [33]
Under United States v. Arthrex, Inc., the USPTO Director also has authority to review decisions of the Board and even issue decisions in its name. An alternative path is a civil action against the Director of the United States Patent and Trademark Office in the U.S. District Court for the Eastern District of Virginia under 35 U.S.C. § 145.
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