Forum shopping is alive and well in patent law. The patent venue statute allows plaintiffs to file suit anywhere in the country where the defendant’s product is sold or used. Despite the existence of a unified court of appeals that hears virtually all patent cases, patent plaintiffs – and those who might become patent defendants – spend a great deal of time and effort worrying about where to file their case. Meanwhile, accused infringers play much the same game, looking for defense-favorable jurisdictions in which to file declaratory judgment actions. The result in many cases is a race to the courthouse. The Federal Circuit has acted recently to rein in the worst abuses of the choice of forum, but forum shopping shows no signs of disappearing
Mark A. Lemley, Where to File Your Patent Case,Aipla Quarterly Journal, Vol. 38, No. 4, p. 1, (2010)