It was a clash of Federal Circuit judges Tuesday as the court once again considered the authority of U.S. District Judge Alan Albright of the Western District of Texas to preside over a patent infringement lawsuit.

The Western District has become the most popular destination for patent suits since the U.S. Supreme Court’s 2017 TC Heartland v. Kraft Foods Group decision made it harder for patent owners to establish venue in the Eastern District of Texas. Tech companies have been moving to transfer cases out of the Western District for the convenience of the parties and witnesses, but Albright has been reluctant to grant them. Apple Inc. forced the issue this summer by asking the appellate court to order the transfer of Uniloc 2017 v. Apple to the Northern District of California before Albright had even issued a written order.

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