Observations on the Waco Division's Growing Prominence
Since U.S. District Judge Alan Albright took the bench, patent holders have flocked to file their cases in the Waco Division of the Western District of Texas.
February 09, 2021 at 12:22 PM
6 minute read
Since U.S. District Judge Alan Albright took the bench, patent holders have flocked to file their cases in the Waco Division of the Western District of Texas. In a little over two years, the Waco Division has established its place. The Waco Division's growing prominence combines with changes at every level of the federal government—a new president, a new U.S. Patent and Trademark Office director yet to be named, a Senate Subcommittee on Intellectual Property with leaders interested in patent eligibility reform, and a new chief judge for the Federal Circuit. Looking at all these changes and pandemic-related trial delays, here are our observations.
• Significant growth: According to Lex Machina, Albright has seen nearly 220% growth in his docket from 2019 to 2020; 793 patent infringement cases were filed in Waco in 2020, 248 in 2019, and 28 in 2018, giving Albright the lion's share of 2020's patent cases. Considering 60% of all filed patent cases are before just six judges, and 45% of those are in Waco, Albright has an opportunity to impact patent jurisprudence. Exponential growth like this has been seen in the past. U.S. District Judge Rodney Gilstrap saw similar growth, 214%, when his docket increased from 537 cases in 2012 to 1,689 cases in 2015. U.S. District Judge Robert Schroeder also saw 285% growth from 2014 to 2015 (219 cases to 843 cases). Of course, TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017), shifted plaintiffs' chosen venues in 2017, but judges in the District of Delaware and in the Northern District of California, the primary beneficiaries of the shift, did not experience growth anywhere close to either the historical numbers in the Eastern District of Texas or the current growth in the Western District of Texas. We have every expectation Albright will keep pace with the growth in his docket. Albright regularly reinforces his goal to hold a claim construction hearing within five months of the case management conference, and trial within 12 to 14 months of the claim construction hearing. But for COVID and the Austin courthouse shutdown, he would be on pace for trials. And, he has kept pace on claim construction hearings for the most part. Always inviting constructive comments about process and procedure, Albright regularly meets with his advisory group to talk through opportunities for clarity, and updates his procedures and guidance as needed (four times in the last six months). All of this suggests to us Albright will continue to manage his docket as advertised.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRead the Document: DOJ Releases Ex-Special Counsel's Report Explaining Trump Prosecutions
3 minute readSpecial Counsel Jack Smith Prepares Final Report as Trump Opposes Its Release
4 minute readPatent Disputes Over SharkNinja, Dyson Products Nearing Resolution
Law Firms Mentioned
Trending Stories
- 1Reviewing Judge Merchan's Unconditional Discharge
- 2With New Civil Jury Selection Rule, Litigants Should Carefully Weigh Waiver Risks
- 3Young Lawyers Become Old(er) Lawyers
- 4Caught In the In Between: A Legal Roadmap for the Sandwich Generation
- 5Top 10 Developments, Lessons, and Reminders of 2024
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250