In yet another mandamus order directed to the Western District of Texas, the Federal Circuit has once again explained to Judge Albright that his analysis of transfer motions is incorrect and ordered him to send a case elsewhere. It’s worth reading the entire order in In re Hulu, but if you don’t have time, I…
Tag Archive for western district of texas
Despite Patentee Protestations, It Isn’t Expertise That’s Bringing Plaintiffs to Waco
by Josh Landau •
The meteoric rise of the Waco Division’s patent caseload is widely understood to be due to plaintiff-friendly policies on scheduling, transfer, and motions to dismiss. But recently, some patentees have taken a different tack. They’ve claimed that the reason cases are headed there is because litigants want to take advantage of Judge Albright’s experience as…
Discretionary Denials at the PTAB Continue to Rise, Benefit NPEs
by Josh Landau •
According to new data from Unified Patents, the rise in discretionary denials at the PTAB is showing no signs of slowing down. In 2019, there were 6 denials based on co-pending litigation (so-called § 314(a) or Fintiv denials). In these denials, the PTAB decides not to institute an inter partes review based primarily on related…
One Case, All The Problems: VLSI v. Intel Exemplifies Current Issues In Patent Litigation
by Josh Landau •
Patent litigation suffers from a number of issues at present. Hedge funds backing non-practicing entities (NPEs) in order to chase a share of billion-dollar judgments. Plaintiffs using damages methodologies that have little to no relation to the reality of the patent system in order to obtain those billion dollar judgments. NPEs asserting patents that they…
Trouble In Plaintiff’s Paradise?
by Josh Landau •
There are signs that, despite Judge Albright’s best efforts, the rest of the world might not support turning the Western District of Texas into another NPE haven like the Eastern District in its glory days. After Judge Albright’s efforts to make sure Waco was “open for business for patent cases”, NPEs flocked to the Waco…
Forum Selling and Judge Shopping—How Two Texas Districts Compete For NPE Cases
by Josh Landau •
Judge Gilstrap of the infamously NPE-friendly Eastern District of Texas used to handle one out of every four patent cases in the entire United States. The Eastern District as a whole handled more than 40% of all patent cases nationally, despite only having about 1% of the nation’s population. After the Supreme Court’s 2017 decision…
Meet the Western District of Texas—NPEs Certainly Have
by Josh Landau •
For years, the Eastern District of Texas was the favored stomping ground for patent trolls. Short times from filing to trial, shorter trials, judges with local rules friendly to patent plaintiffs, and a jury pool that tended to be friendly to plaintiffs all contributed to this. It probably didn’t hurt that Eastern District judges were…