Texas IP Law

IP Topics

Patent Litigation in Texas.

How patent cases move through Texas federal courts and the Patent Office, from the first letter to appeal.

· Law checked through October 20, 2026

In Short

Patent cases are heard only in federal court, and more of them are filed in Texas than anywhere else. In 2025 the Eastern District of Texas received 1,245 new patent cases and the Western District 531, out of 4,547 filed nationwide. A case moves from complaint to claim construction to trial, often while the accused party challenges the patent at the Patent Trial and Appeal Board. Every appeal goes to the U.S. Court of Appeals for the Federal Circuit.

Common situations.

  • A business receives a letter offering a license to a patent it has never heard of.
  • An inventor finds a competitor selling a product that appears to use the invention.
  • A company is served with a complaint filed in Marshall, Waco, or Austin.
  • A customer asks its supplier to defend it against a patent claim.
  • A competitor petitions the Patent Office to cancel a patent that the business owns.

Key concepts.

  • Federal court only.

    Federal courts have exclusive jurisdiction over claims arising under the patent laws (28 U.S.C. § 1338(a)). A state court may still hear a contract or ownership dispute that involves a patent.

  • Where a case can be filed.

    A U.S. corporation can be sued for patent infringement only in the state where it is incorporated, or where it has committed infringing acts and has a regular and established place of business (28 U.S.C. § 1400(b); TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. 258 (2017)). A foreign company can be sued in any district. Texas has four federal districts, and the Eastern and Western Districts hear most of the state's patent cases.

  • The claims decide the case.

    A patent's numbered claims, not the product the owner sells, define what the patent covers. Before trial, the judge decides what disputed claim terms mean. That ruling, called claim construction or a Markman ruling, often decides who wins.

  • Two fronts.

    A party accused of infringement can ask the Patent Trial and Appeal Board to cancel the patent's claims. Inter partes review must be requested within one year after the accused party is served with a complaint (35 U.S.C. § 315(b)). At the Board, the challenger must prove unpatentability by a preponderance of the evidence (§ 316(e)). In court, invalidity must be proved by clear and convincing evidence (Microsoft Corp. v. i4i Ltd. P'ship, 564 U.S. 91 (2011)). The Board's institution practice changed sharply in 2025, and petitions fell to their lowest level in at least a decade in the first half of 2026.

  • What a patent owner can win.

    Damages adequate to compensate for the infringement, and never less than a reasonable royalty (35 U.S.C. § 284). The court may increase damages up to three times for egregious infringement. In exceptional cases, the loser may pay the winner's attorney's fees (§ 285). A court may order the infringement stopped if the four-factor test of eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), is met. Damages cannot reach back more than six years before suit (§ 286).

  • Appeals.

    Appeals in patent cases go to the Federal Circuit in Washington, D.C. (28 U.S.C. § 1295(a)(1)), not to the Fifth Circuit.

The Process

The life of a patent case.

  1. Before filing.

    The owner compares the patent's claims with the accused product, often sends a letter, and decides where to sue. The accused party may receive a letter first.

  2. Complaint and answer.

    A defendant generally has 21 days after service to answer, or 60 days if it waives formal service (Fed. R. Civ. P. 12(a)(1)(A)).

  3. Early motions.

    Motions to dismiss, to transfer to another district, or to stay the case while the Patent Office reviews the patent.

  4. Contentions and schedule.

    The parties exchange written infringement and invalidity contentions under the court's patent rules or scheduling order.

  5. Claim construction.

    The court decides what disputed claim terms mean.

  6. Fact and expert discovery.

    Documents, source code, depositions, and expert reports on infringement, validity, and damages.

  7. Summary judgment and expert challenges.

    The court decides issues that need no trial and screens unreliable expert testimony.

  8. Trial.

    Most patent trials are jury trials.

  9. Post-trial motions and appeal.

    A notice of appeal is due 30 days after judgment (Fed. R. App. P. 4(a)(1)(A)).

In the busiest Texas patent courts, cases that reach trial have typically done so in about two years. Most cases end before trial, by settlement, dismissal, or a ruling on motions.

Start here.

Sources.

  • 28 U.S.C. §§ 1295, 1338, 1400(b); 35 U.S.C. §§ 284-286, 315(b), 316(e)
  • TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. 258 (2017)
  • Microsoft Corp. v. i4i Ltd. P'ship, 564 U.S. 91 (2011)
  • eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006)
  • Fed. R. Civ. P. 12(a); Fed. R. App. P. 4(a)
  • Lex Machina, 2026 Patent Litigation Report (Aug. 5, 2026), as reported by Business Wire/Yahoo Finance and The Global Legal Post (Aug. 6, 2026)

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