T. John Ward

T. John Ward was born in 1943 in Bonham, Texas.[4] He received a Bachelor of Arts degree in 1964 from Texas Tech University[5] and a Bachelor of Laws in 1967 from the Baylor Law School.[5] He was in private practice as a malpractice and product liability lawyer from 1968 through 1999.[1][5]

Ward was nominated to the district by President Bill Clinton on January 26, 1999,[5][6] confirmed by the United States Senate on July 13, 1999, received his commission on July 15, 1999[5] and joined the bench in September 1999.[1] His service terminated on October 1, 2011, due to retirement.[5]

Ward has been described as a "plain-talking Texan" [8] who maintains a "folksy demeanor" and a "fiery temper".[1] He enjoys patent cases, citing their intellectual challenge.[5][8] Ward was credited as having a solid knowledge of patent law and a dedication to efficiency.[6] Attorney Willem Schurrman has described Ward as being well-prepared and well-versed in the cases he hears.[9] He became interested in patent law while defending Hyundai Electronics against a lawsuit by Texas Instruments.[10] Hyundai lost and Texas Instruments was awarded $25.2 million in 1999.[10] Since Ward initially joined the Eastern District of Texas, the district has seen a tenfold increase in cases since 1999.[10] There were 14 patent cases in 1999,[10] 32 in 2002,[1] 155 in 2005,[10] and 234 in 2006.[1] And, in 2013, 1,495 patent cases were filed.[11] The Eastern District of Texas is one of eight with more than 100 new patent filings each year.[10] Ward heard more than 160 patent cases in his first seven years on the bench.[6] He had been handling 90% of the patent cases in Marshall, but later was reduced to 60%.[5] Patent cases presented before Ward were more frequently won by the patent holder plaintiff than the defense.[12] One source claims that patent holders win 88% of the time in Ward's court, compared to an average of 68% nationwide.[6] Another source claims that patent cases in Marshall are won by patent holders 78% of the time versus 59% nationwide.[1] And a third source claims that in 90% of cases patent holders win jury verdicts.[10] Between taking the bench in 1999 and June 2006, Ward was overturned in only one patent case.[9][13] Ward believes the problem of patent trolls is overstated and that his record of being overturned only once supports this view.[9] Ward has been described as pushing cases through quickly.[12] His court had been described as a "rocket docket" for its speed.[1][5][14] To speed things up, Ward adopted a set of rules covering both litigation and trial activities. Ward's rules were based on rules from the United States District Court for the Northern District of California.[9][13]

His litigation rules included early disclosure of positions, establishment of firm case deadlines, and sanctions for parties abusing the discovery process. Attorney Alan Fisch says that the "jurisdiction has a tailored set of rules for patent cases that streamline certain of the pretrial proceedings — generally this benefits both plaintiff and defendant."[8] Lawyers who do not move quickly enough are sanctioned.[10] Ward credits his rules and resulting speed with causing the increase in patent suits filed in the district.[1] Fast cases reduce expenses for financially strapped plaintiff patent holders.[6] Attorney Henry Bunsow claims that the fast cases can "cut legal fees in half."[5]

His trial rules included strict timetables and the use of a chess clock to time opening and closing arguments.[1] Each side in a case might receive between 9 and 15 hours for evidence, compared to other courts where it might take a month or more.[13] Defendants have incentive to settle rather than risk larger expenses.[1][6]

There are claims that the juries in Marshall are plaintiff-friendly.[1] There is disagreement about the court's patent-friendliness. Charles Baker and Daniel Perez, attorneys who have both defended against patent suits in Ward's court, describe the court as "fair."[5] Ward has described the district as historically "plaintiffs-oriented,"[1] and has described the Marshall jury pool as "defenders of property rights" and "friendly to patent owners' interests."[8][10] Some claim that plaintiffs often have an advantage because they hire Marshall lawyers more likely to know the jurors and benefit from that information.[1]

T. John Ward's son, T. John "Johnny" Ward, Jr. is an attorney who is frequently called on to litigate patent cases in the Eastern District of Texas.[15]

Both T. John and T. "Johnny" Ward, and their connection are briefly mentioned in the 2017 feature-length documentary The Patent Scam produced by Austin Meyer (author of the X-Plane (simulator)).[16]

• Leonard Davis (judge)

• T. John Ward at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.