Venue Update: West Texas Remains on Top for NPE Litigation, Due Largely to Judge Albright

The Western District of Texas and the District of Delaware were essentially tied for first place in Q3 2021 for overall patent litigation, each seeing just over 220 defendants added to litigation campaigns within that period. For NPE litigation, the Western District held the top spot, with Delaware close behind. On the other hand, Delaware edged out West Texas as the number-one district for operating company litigation. The Eastern District of Texas, an NPE hotspot prior to TC Heartland, was the third most popular venue for both overall and NPE litigation in Q3, but not even breaking into the top five for operating company filings.

Given the popularity of Austin (located within the Waco Division) as a tech hub, and the tightening of venue requirements that occurred as a result of TC Heartland, it is perhaps no surprise that patent plaintiffs would gravitate toward the Western District of Texas as a general matter. But the district’s dramatic rise in the rankings can be largely attributed to District Judge Alan D. Albright, who has sought to attract patent litigation by establishing rules designed to streamline and speed up litigation—such as staying most discovery until after the Markman hearing and aggressively scheduling earlier trial dates (notwithstanding delays seen last year due to the COVID-19 pandemic). While Judge Albright has stated publicly that his goal is not to establish a “plaintiff-friendly” venue, this emphasis on trials has arguably played a significant role in making his courtroom a desirable place to file litigation, beyond the inherent appeal of getting claims resolved more quickly.

As detailed in RPX’s latest quarterly recap, some of Judge Albright’s most notable practices stem from his focus on quick time-to-trial, including his inclination against staying cases pending the outcome of inter partes reviews and his preference not to resolve Alice challenges early in the course of litigation. But it has been his handling of motions to transfer convenience that has attracted perhaps the most attention, particularly since Judge Albright has resisted increasing pressure from the Federal Circuit to change his approach.

See the full third-quarter review for more on Judge Albright, his ongoing conflict with the Federal Circuit over transfers, and other trends impacting patent litigation and the patent marketplace.