| United States District Court for the Eastern District of Texas | |
|---|---|
| (E.D. Tex.) | |
 | |
| Location | William M. Steger Federal Building and U.S. Courthouse (Tyler) |
| Appeals to | Fifth Circuit |
| Established | February 21, 1857 |
| Judges | 8 |
| Chief Judge | Amos Mazzant |
| Officers of the court | |
| U.S. Attorney | Jay R. Combs(acting) |
| U.S. Marshal | John M. Garrison |
| www | |
TheUnited States District Court for the Eastern District of Texas (incase citations,E.D. Tex.) is a federal court in theFifth Circuit (except forpatent claims and claims against the U.S. government under theTucker Act, which are appealed to theFederal Circuit).
The District was established on February 21, 1857, with the division of the state into an Eastern andWestern District.[1]
The United States District Court for the Eastern District of Texas is one of four federal judicial districts in Texas.[2] Court for the District is held atBeaumont,Lufkin,Marshall,Plano,Sherman,Texarkana, andTyler.
Beaumont Division comprises the following counties:Hardin,Jasper,Jefferson,Liberty,Newton, andOrange.
Lufkin Division comprises the following counties:Angelina,Houston,Nacogdoches,Polk,Sabine,San Augustine,Shelby,Trinity, andTyler.
Marshall Division comprises the following counties:Camp,Cass,Harrison,Marion,Morris, andUpshur.
Sherman Division comprises the following counties:Collin,Cooke,Delta,Denton,Fannin,Grayson,Hopkins, andLamar at thePaul Brown Courthouse
Texarkana Division comprises the following counties:Bowie,Franklin,Red River, andTitus.
Tyler Division comprises the following counties:Anderson,Cherokee,Gregg,Henderson,Panola,Rains,Rusk,Smith,Van Zandt, andWood.
The United States Attorney's Office for the Eastern District of Texas represents the United States in civil and criminal litigation in the court. As of May 29, 2025[update], the Acting United States Attorney isJay R. Combs.[3]
The first federal judge inTexas was John C. Watrous, who was appointed on May 26, 1846, and had previously served asAttorney General of theRepublic of Texas. He was assigned to hold court inGalveston, at the time, the largest city in the state. As seat of the Texas Judicial District, the Galveston court had jurisdiction over the whole state.[5]
The Eastern District of Texas currently[citation needed] hears the most patent cases in the country and has seen an increase in the number of cases filed relating topatent infringement, notably in the courts of JudgeT. John Ward in the Marshall Division, JudgeLeonard Davis in the Tyler Division, and JudgeDavid Folsom in the Texarkana Division and now JudgeJ. Rodney Gilstrap in the Marshall Division and JudgeRobert W. Schroeder III in the Texarkana Division, as well as Magistrate JudgesRoy S. Payne, John Love and K. Nicole Mitchell. Perhaps because the district has a set of local rules for patent cases and relatively fast trial settings, patent plaintiffs have flocked to this small venue. In addition the proximity to larger cities (such as Dallas and Houston), along with a jury pool interested in protecting property rights, may attract patent cases to Marshall, Tyler, and Texarkana.
In 2003, there were 14 patent cases filed. In 2004, this number more than quadrupled to 59 patent cases filed. In 2006, the number of cases grew to an estimated 236.[6]
The district has been perceived to be a favorable jurisdiction forplaintiffs in patent infringement lawsuits, which win 88% of the time compared to a nationwide average of 68% in 2006,[7] even, according to some claims, in dubious cases (i.e.patent trolls).[8]
Between 2004 and 2011 the district presided overTiVo Inc. v. EchoStar Corp., involving the issues of patent infringement and contempt of court.
In 2009 Judge Leonard Davis, of the U.S. District Court for the Eastern District of Texas, ordered apermanent injunction that "prohibitsMicrosoft from selling or importing to the United States any Microsoft Word products that have the capability of opening.XML,.DOCX or DOCM files (XML files) containing customXML," according to an announcement by the plaintiff, Toronto-based i4i Inc.[9]
In 2013, 24.5% of federal patent suits filed in the U.S. were filed in the Eastern District. Judges in this district have been found to grant requests for summary judgment of invalidity at a lower rate than the national average.[10]
In 2014, 1,425 patent suits in the U.S. were filed in the Eastern District, making it the number one region with the most filings in the country, followed by theUnited States District Court for the District of Delaware in second place, with 946 patent cases filed, with theUnited States District Court for the Central District of California ranking third with 305 cases.[11]
In 2015, a staggering 43.6% of federal patent suits (2,540 suits) were filed in the Eastern District, which was more than the number of lawsuits filed in theUnited States District Court for the District of Delaware (545 cases or 9.3%), theUnited States District Court for the Central District of California (300 cases or 5.1%), theUnited States District Court for the Northern District of California (228 cases or 3.9%) and theUnited States District Court for the Northern District of Illinois (162 cases or 2.8%) combined.[12]
In 2016, 1,647 cases (or 36.4%) of the nation's patent cases were filed in the Eastern District, which was again more than the total number of lawsuits filed in theDistrict of Delaware (455 cases or 10.1%),Central District of California (290 cases or 6.4%),Northern District of Illinois (247 cases or 5.5%) andNorthern District of California (188 cases or 4.2%) combined.[13]
The vast majority of the patent cases in the Eastern District of Texas are filed before or heard in theMarshall, Texas division by District Court JudgeJames Rodney Gilstrap and Magistrate JudgeRoy S. Payne.[14] U.S. District JudgeRobert W. Schroeder III in the Texarkana Division, and Magistrate Judges John Love and K. Nicole Mitchell hear the next highest number of patent cases in the District.
The filing of such cases in the Eastern District of Texas dropped after the 2017Supreme Court decision inTC Heartland LLC v. Kraft Foods Group Brands LLC, which held that for the purpose ofvenue in patent infringement suits, a domestic corporation "resides" only in its state ofincorporation. Meanwhile, the filing of such cases in theUnited States District Court for the District of Delaware increased.[15]
As of March 1, 2025[update]:
| # | Title | Judge | Duty station | Born | Term of service | Appointed by | ||
|---|---|---|---|---|---|---|---|---|
| Active | Chief | Senior | ||||||
| 28 | Chief Judge | Amos Mazzant | Sherman | 1965 | 2014–present | 2025–present | — | Obama |
| 25 | District Judge | Marcia A. Crone | Beaumont | 1952 | 2003–present | — | — | G.W. Bush |
| 27 | District Judge | J. Rodney Gilstrap | Marshall | 1957 | 2011–present | 2018–2025 | — | Obama |
| 29 | District Judge | Robert W. Schroeder III | Texarkana | 1966 | 2014–present | — | — | Obama |
| 30 | District Judge | Jeremy Kernodle | Tyler | 1976 | 2018–present | — | — | Trump |
| 31 | District Judge | J. Campbell Barker | Tyler | 1980 | 2019–present | — | — | Trump |
| 32 | District Judge | Michael J. Truncale | Beaumont | 1957 | 2019–present | — | — | Trump |
| 33 | District Judge | Sean D. Jordan | Plano | 1965 | 2019–present | — | — | Trump |
| 18 | Senior Judge | Richard A. Schell | Plano | 1950 | 1988–2015 | 1994–2001 | 2015–present | Reagan |
| 24 | Senior Judge | Ron Clark | Beaumont | 1953 | 2002–2018 | 2015–2018 | 2018–present | G.W. Bush |
| # | Judge | State | Born–died | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
|---|---|---|---|---|---|---|---|---|
| 1 | John Charles Watrous | TX | 1801–1874 | 1857–1870[Note 1] | — | — | Polk/Operation of law | resignation |
| 2 | Joel C. C. Winch | TX | 1835–1880 | 1870–1871[Note 2] | — | — | Grant | not confirmed |
| 3 | Amos Morrill | TX | 1809–1884 | 1872–1883 | — | — | Grant | retirement |
| 4 | Chauncey Brewer Sabin | TX | 1824–1890 | 1884–1890 | — | — | Arthur | death |
| 5 | David Ezekiel Bryant | TX | 1849–1910 | 1890–1910 | — | — | B. Harrison | death |
| 6 | Gordon J. Russell | TX | 1859–1919 | 1910–1919 | — | — | Taft | death |
| 7 | William Lee Estes | TX | 1870–1930 | 1920–1930 | — | — | Wilson | death |
| 8 | Randolph Bryant | TX | 1893–1951 | 1931–1951 | — | — | Hoover | death |
| 9 | Joseph Warren Sheehy | TX | 1910–1967 | 1951–1967 | 1954–1967 | — | Truman | death |
| 10 | Lamar John Ryan Cecil | TX | 1902–1958 | 1954–1958[Note 3] | — | — | Eisenhower | death |
| 11 | Joseph Jefferson Fisher | TX | 1910–2000 | 1959–1984 | 1967–1980 | 1984–2000 | Eisenhower | death |
| 12 | William Wayne Justice | TX | 1920–2009 | 1968–1998 | 1980–1990 | 1998–2009 | L. Johnson | death |
| 13 | William Steger | TX | 1920–2006 | 1970–1987 | — | 1987–2006 | Nixon | death |
| 14 | Robert Manley Parker | TX | 1937–2020 | 1979–1994 | 1990–1994 | — | Carter | elevation to5th Cir. |
| 15 | Howell Cobb | TX | 1922–2005 | 1985–2001 | — | 2001–2005 | Reagan | death |
| 16 | Sam B. Hall Jr. | TX | 1924–1994 | 1985–1994 | — | — | Reagan | death |
| 17 | Paul Neeley Brown | TX | 1926–2012 | 1985–2001 | — | 2001–2012 | Reagan | death |
| 19 | John H. Hannah Jr. | TX | 1939–2003 | 1994–2003 | 2001–2003 | — | Clinton | death |
| 20 | David Folsom | TX | 1947–present | 1995–2012 | 2009–2012 | — | Clinton | retirement |
| 21 | Thad Heartfield | TX | 1940–2022 | 1995–2010 | 2003–2009 | 2010–2022 | Clinton | death |
| 22 | T. John Ward | TX | 1943–present | 1999–2011 | — | — | Clinton | retirement |
| 23 | Leonard Davis | TX | 1948–present | 2002–2015 | 2012–2015 | — | G.W. Bush | retirement |
| 26 | Michael H. Schneider Sr. | TX | 1943–present | 2004–2016 | — | 2016 | G.W. Bush | retirement |
Chief judges have administrative responsibilities with respect to their district court. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the district court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge.
A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.
When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known assenior status, or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.
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