Rodney Gilstrap

Judge Rodney Gilstrap: A Profile

Court: United States District Court for the Eastern District of Texas
Appointed: December 6, 2011 (by President Barack Obama)

Judicial Overview

The Honorable J. Rodney Gilstrap is an active-status District Judge in the United States District Court for the Eastern District of Texas, sitting in the Marshall Division. Nominated by President Barack Obama, he was confirmed and received his commission in December 2011. He served as Chief Judge for the district from 2018 to 2025. Prior to his federal appointment, Judge Gilstrap was in private practice in East Texas for 30 years, where his work included some patent cases. He also served as the elected County Judge for Harrison County, Texas, from 1989 to 2002. He earned his B.A. magna cum laude and his J.D. from Baylor University and its law school, respectively.

Patent Docket & Case Management

Judge Gilstrap is widely recognized for presiding over the largest patent docket of any federal judge in the United States. For several years, his court has been the busiest venue for patent infringement litigation, at times handling over 25% of all patent cases filed nationwide. In 2025, he oversaw 19% of all new patent litigation in the U.S. To manage this high-volume docket, Judge Gilstrap is known for a hands-on approach that emphasizes setting firm trial dates early in the case, a practice he views as essential to moving cases toward resolution. While claim construction (Markman) hearings are often referred to Magistrate Judge Roy S. Payne, Judge Gilstrap also presides over them and has a standing order allowing for live testimony during such proceedings.

Notable Rulings & Trends

Judge Gilstrap has presided over numerous high-stakes patent trials and issued significant rulings. He ordered a new trial on damages after a jury returned a $533 million verdict in Smartflash v. Apple and overturned a $2.3 million verdict in TQP Development v. Newegg. He has also issued "exceptional case" fee awards against non-practicing entities, such as in a case involving eDekka LLC, whose patent he invalidated under the Supreme Court's Alice framework for patent-ineligible subject matter. Following the Supreme Court's 2017 decision in TC Heartland, which reshaped the law on patent venue, Judge Gilstrap authored a widely discussed four-factor test to determine what constitutes a "regular and established place of business" for a defendant corporation. His courtroom has been the site of several of the nation's largest patent damage awards.

Local Rules & Procedures

Practitioners in Judge Gilstrap's court must adhere to a set of specific standing orders that govern patent cases. One notable order requires parties challenging patents on subject matter eligibility grounds under 35 U.S.C. § 101 to serve detailed "Eligibility Contentions" early in the case, concurrently with invalidity contentions. This promotes the early disclosure and development of Alice-based defenses. Judge Gilstrap also maintains standing orders that control the number and length of motions to strike, the use of trial exhibits, and procedures for motions in limine. While he previously required parties to seek permission via letter brief before filing summary judgment motions, he has since rescinded that rule to streamline the process. He is known for maintaining a more formal courtroom decorum.