Tag Archive for western district of texas

Despite Patentee Protestations, It Isn’t Expertise That’s Bringing Plaintiffs to Waco

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

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

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?

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…

Meet the Western District of Texas—NPEs Certainly Have

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…