Western District of Texas Update

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As our patent litigation clients are aware, the Western District of Texas, and in particular Judge Albright in Waco, continue to receive a large number of patent case filings. Judge Albright has quickly become the most popular patent Judge in the nation. And while it is easier to keep a case in the Western District than, for instance, in the Eastern District of Texas, Judge Albright has faced scrutiny from the Federal Circuit Court of Appeals over the length of time the Court sometimes takes to rule on motions to transfer venue. In light of that, last month, Judge Albright issued a new standing order on inter-district motions to transfer. The new order, available here provides that parties must provide the Court with a status report regarding any motions to transfer venue 6 weeks prior to the claim construction hearing set in the case. The Court further indicates that going forward it will not conduct the claim construction hearing until the motion to transfer has been ruled upon. If you have any questions regarding this new procedure or any aspect of practice in front of Judge Albright let us know.

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