Judicial Conference Report Promises to Review Patent Litigation Venue Shopping in WDTX
The WDTX Rocket Docket Being Reviewed for Abuse of Patent Litigation Venue Shopping
Regarded as a “rocket docket” for patent cases, the U.S. District Court for the Western District of Texas, Waco Division, is now under attack from the Senate Judiciary Committee’s Subcommittee on Intellectual Property reviewing claims of patent litigation venue shopping.
Is Judge Albright’s WDTX Court the Patent Litigation Venue Shopping Choice?
After extended lobbying from patent law advocates and the senators alike, Chief Justice Roberts agreed that he would review how patent plaintiffs have been able to request venue transfers that purposely land them in the U.S. District Court for the Western District of Texas. Specifically, the Senate Judiciary Committee’s Subcommittee on Intellectual Property have argued that, because District Judge Alan Albright has been found to be sympathetic to patent litigation plaintiffs and is the only permanent judge in Waco, Texas, patent plaintiffs have been able to game the system with venue shopping and guarantee that Judge Albright hears their patent case by simply requesting the case be heard in a specific division of federal court.
In November, Senator Patrick Leahy of Vermont and Senator Thom Tillis of North Carolina came together in a bipartisan bid to ask Justice Roberts to reevaluate the rampant practice of patent litigation venue shopping that had led to an unnatural amount of patent litigation arriving in Judge Albright’s District Court in Waco, Texas. According to the senators, due to such gamesmanship, now approximately a quarter of all pending patent litigation is to be heard by Judge Albright.
Patent Litigation Venue Shopping by Patent Trolls
Moreover, the senators contend that patent plaintiffs specifically seek out Judge Albright because he not only solicits such cases, but he also declines to follow established case law when deciding dispositive motions and other patent case-related matters. As a result, patent trolls have increasingly sought to have their cases heard in Judge Albright’s court. When asked to comment, Judge Albright shrugged off the criticism despite the senators pointing out that the Federal Circuit has found that Judge Albright abused his discretion on transfers over a dozen times in the past few years alone.
Declining to definitely answer, Supreme Court Justice Roberts acknowledged in his end-of-year judiciary report that such unseemly practices may indeed be occurring, and as a result, such patent litigation venue shopping would indeed be reviewed. In outlining how he intended to do so, Judge Roberts wrote that a Judicial Conference committee would be appointed to review the issues and report findings back to Justice Roberts. The senators are hoping that the review will lead to new policy making regarding patent litigation, or at least new rules that govern how patent cases are assigned within a district. The senators have asked for review to be completed by May 1, 2022.
Key Takeaways on Patent Litigation Venue Shopping in the Western District of Texas
The U.S. District Court for the Western District of Texas had come under fire and review because:
Judge Alan Albright of the Waco division has been alleged to solicit patent cases to be heard in his court;
Judge Albright appears to be sympathetic to patent plaintiffs; and
Patent plaintiffs have been abusing venue shopping to have cases heard in Judge Albright’s court, resulting in a quarter of all currently pending patent litigation being scheduled to be heard there.
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