Delaware as the Destination: Venue Choices & Patent Litigation Strategy
Thu Feb 05 2026
In the second episode of the Delaware miniseries on the Greenberg Traurig Big Law Redefined Podcast, host Ben Schladweiler is joined by patent litigation attorneys Josh Raskin and Matt Levinstein to explore the strategic considerations behind venue selection in patent litigation—with a particular focus on Delaware.
Their conversation addresses factors driving Delaware's prominence as the top venue for competitor cases and declaratory judgment actions, including judicial expertise, predictability, damages outcomes, and procedural advantages.
They discuss why Delaware courts are favored for jury trials, the jurisdiction's approach to preliminary injunctions and summary judgment, and how its innovative handling of Section 101 invalidity challenges makes it the go-to venue for both patentees and accused infringers.
Whether you're choosing where to file a patent suit or seeking to defend against one, this episode offers actionable insights into why Delaware is redefining the landscape of big law patent litigation.
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In the second episode of the Delaware miniseries on the Greenberg Traurig Big Law Redefined Podcast, host Ben Schladweiler is joined by patent litigation attorneys Josh Raskin and Matt Levinstein to explore the strategic considerations behind venue selection in patent litigation—with a particular focus on Delaware. Their conversation addresses factors driving Delaware's prominence as the top venue for competitor cases and declaratory judgment actions, including judicial expertise, predictability, damages outcomes, and procedural advantages. They discuss why Delaware courts are favored for jury trials, the jurisdiction's approach to preliminary injunctions and summary judgment, and how its innovative handling of Section 101 invalidity challenges makes it the go-to venue for both patentees and accused infringers. Whether you're choosing where to file a patent suit or seeking to defend against one, this episode offers actionable insights into why Delaware is redefining the landscape of big law patent litigation.