The Western District of Texas Topped the Charts in Q2
July 22, 2020
RPX data show that the Western District of Texas kept gaining steam in the second quarter of 2020, becoming the most popular district for patent litigation overall (counting defendants added by all plaintiff types) and remaining in first place for litigation filed by NPEs. Although less popular for operating company litigation, the Western District rose to fourth place from fifth in Q1. Meanwhile, the District of Delaware—previously the top district in the wake of TC Heartland—fell from first to second place for litigation overall and held that same spot for NPE and operating company cases. In the second quarter, operating companies filed the most litigation in the Northern District of Illinois.
The growing popularity of the Western District can likely be attributed to District Judge Alan D. Albright, who has taken overt steps to attract the filing of patent litigation in his district—in part through a standing order implementing rules designed to appeal to both plaintiffs and defendants. However, Judge Albright has taken a markedly restrictive approach with certain types of dispositive motions, including patent eligibility challenges and motions to transfer for convenience. Indeed, Judge Albright has apparently never granted a convenience transfer out of his district, sparking some recent pushback—which prompted him to assert, in a recent ruling, that he would not “follow the crowd” on that issue.
See RPX’s second-quarter review for more on venue trends and other developments shaping the patent space.
