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Judge Alan D. Albright, sitting by designation at the Federal Circuit, penned his inaugural appellate decision in Apple v. Omni MedSci on Friday. The unanimous ruling favored Apple, who contested Omni MedSci’s patent via...more
On March 12, 2024, the Judicial Conference of the United States announced that in certain types of cases, it will change how cases are assigned to judges, which will limit the ability of litigants to choose which judge is...more
The Federal Circuit's Special Committee released two documents relevant to their continuing assessment of Judge Pauline Newman's fitness for the bench today, neither of which can be considered comforting to the patent...more
Starting July 25, 2022, Judge Alan Albright was no longer automatically assigned to all patent cases filed in the Waco Division of the Western District of Texas, where he is the sole district judge. Instead, Orlando L....more
Now that we’re nearing the end of 2022 (crazy, right?), we thought we’d update our data on when Federal Circuit judges sit. We looked at this in early 2021 (When Do Federal Circuit Judges Sit?), and we’ve twice looked at data...more
On July 25, 2022, Chief Judge Orlando Garcia of the Western District of Texas effectively stripped the Waco Division of its dominance in patent cases by randomizing the judge assignment of patent cases filed in that division....more
On Monday, July 25, the Chief Judge for the Western District of Texas issued an order altering how patent cases are assigned in that District. The order implements a “random assignment” procedure that now prevents plaintiffs...more
A recent order from Chief Judge Garcia of the US District Court for the Western District of Texas (WDTX) changes how judges are initially assigned to cases filed in its Waco Division. As of July 25, 2022, patent cases filed...more
The U.S. District Court for the Western District of Texas (“WDTX”) has one of the largest geographic boundaries of district courts in the nation, with divisions located far west in El Paso, the border area of Del Rio, the...more
From the moment he first took the bench in the Waco Division of the United States District Court for the Western District of Texas four years ago, Judge Alan Albright made it known that he welcomed the filing of patent cases...more
In Centripetal Networks, Inc. v. Cisco Systems, Inc., the Federal Circuit vacated a $2.75 billion judgment against Cisco, finding that the district court judge failed to cure a conflict of interest by putting his wife’s Cisco...more
CENTRIPETAL NETWORKS, INC. v. CISCO SYSTEMS, INC. Before Dyk, Taranto, and Cunningham. Appeal from the United States District Court for the Eastern District of Virginia. Summary: Placing stock in a blind trust does...more
On December 20, 2021, in an uncommon move and without much explanation, U.S. District Judge Alan Albright granted five requests for stays while the Patent Trial and Appeal Board (PTAB) reviews the patent at issue (U.S. Patent...more
After almost a decade as a U.S. District Judge, Chief Judge Leonard P. Stark of the District of Delaware is taking his talents to the swamp as the newest member of the Federal Circuit. On February 9, 2022, the Senate...more
On October 8, 2021, Judge Alan Albright of the US District Court for the Eastern District of Texas issued a new standing order governing proceedings for patent cases, which the Court designated as version 3.5 following...more
California-based tech companies have increasingly been moving their operations to Texas over the last two years, a trend that has only accelerated as remote and hybrid work have become a fact of life. Whether your company has...more
Judge Alan Albright, one of the most active patent jurists, recently amended his standing orders to clarify inter-district transfers and venue discovery, adding predictability for parties that litigate in the Western District...more
December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement. Following the abrogation...more
Happy New Year! 2021 begins as 2020 ended: mostly without jury trials. Some are determined to change that, however, which brings us to the latest in the saga of Judge Alan Albright’s US District Court for the Western District...more
The esteemed authors of Patent Docs have written of the need to reconsider the Federal Circuit's approach to section 101 eligibility, given the court's latest expansion and en-banc vote on subject-matter eligibility in AAM v....more
The Federal Circuit's inchoate attempts to fashion a consistent, rational application of the Supreme Court's recent subject matter eligibility jurisprudence, while understandably Herculean in view of the difficulties inherent...more
Last August, two new judges joined the United States District Court for the District of Delaware, Judge Colm F. Connolly and Judge Maryellen Noreika. Judge Connolly filled the seat previously held by Judge Sue L. Robinson...more
In July 2011, Congress launched the Patent Pilot Program. This program allows a small number of judges within a district court to take on the lion’s share of patent cases within the district, with the hope that these judges...more