Three Key Things to Know about WDTX Patent Litigation

In the two years since U.S. District Judge Alan Albright took the bench, the Western District of Texas has risen to one of the busiest courts in the country for patent litigation. With approximately 20% of all new patent cases now being filed in Waco, it is important to understand key procedures and trends that will impact your case in this latest patent litigation hot bed, whether as a plaintiff or a defendant.

The first two years of Judge Albright’s tenure has resulted in a set of local patent rules that provide welcome predictability and benefits for both parties – including an early understanding of the other side’s position and thus an opportunity for early resolution. While there is still a relatively small number of decisions, trends in early motion practice tend to favor plaintiffs. That is, motions to dismiss have not been very successful and cases filed in the WDTX tend to stay in the WDTX.