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Intellectual Property,
Civil Litigation

Oct. 14, 2020

Patent litigation surges in the Western District of Texas

Practically all of the patent cases in the Western District of Texas are on Judge Albright’s docket. As the figure below shows, the Waco Division received a mere 28 patent cases in 2018, the year he took the bench. If current trends hold, Judge Albright alone will receive 791 patent cases in 2020, an increase of 2,682%!

J. Jonas Anderson

Associate Dean and Professor of Law
American University Washington School of Law

Paul Gugliuzza

Professor
Temple University Beasley School of Law

Patent litigation surges in the Western District of Texas

A rare thing happened at the U.S. Court of Appeals for the Federal Circuit on Sept. 22. The court heard oral argument on a petition for a writ of mandamus. Apple filed the petition seeking to transfer venue out of the Western District of Texas and into the Northern District of California in a patent infringement dispute. Though transfer petitions are relatively common in patent cases, the Federal Circuit almost always decides them on the briefs alone. That the court s...

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