As the Western District of Texas maintains a steady docket for patent infringement lawsuits, Jackson Walker partner Arthur Gollwitzer spoke with The Texas Lawbook about the federal court’s popularity.
“Judge Albright has stuck to his goals of providing a fast, fair, predictable forum for patent cases,” Arthur told The Texas Lawbook. “As a former patent litigator, the judge knows patent law and knows how to keep his cases moving in a manner that is fair for all parties. He also is responsive to feedback from the lawyers who practice in his court.”
Despite having a full docket of about 2,000 active patent cases, Arthur noted that Judge Albright’s calendar is still faster and more predictable than most other courts.
“Judge Albright’s extensive knowledge of patent law and efficient, consistent procedures increase his ability to handle a large caseload,” he said. “Here is just one example: When the parties have a procedural conflict, Judge Albright keeps his cases moving by being readily available for a quick conference to resolve the issue. In the end, that is more efficient for the parties and the Court, dispensing with time-consuming motion practice. Plus, as with most lawsuits, most cases settle long before they take much of the Court’s time or attention.”
After growing considerably for the past three years, the Western District of Texas experienced a decline in the number of new patent filings in the second half of 2021. Regarding the drop, Arthur said, “We may have reached a ceiling. That is, we may have found the maximum number of cases in a year that fit within the Western District of Texas under current venue rules.”
He added, “On the other hand, as Austin and the rest of central Texas grow, more-and-more entities establish a physical presence in this district. In turn, that means if such entities are sued for patent infringement, then venue is legally proper in this district.”
“As Austin and the rest of central Texas grow, more-and-more entities establish a physical presence in this district. In turn, that means if such entities are sued for patent infringement, then venue is legally proper in this district.”
To read more, view The Texas Lawbook’s article “Texas Courts ‘Flooded with Patent Cases’ in 2021.” Please note a subscription is required to view the full article.
Based in Austin, Arthur is a former U.S. prosecutor with 25 years in private practice representing clients in patent, copyright, trademark, and trade secret disputes, including jury trials and appeals. In addition to defending and enforcing intellectual property rights, Arthur is highly experienced in investigations and criminal litigation. Since 2014, he has been recognized among The Best Lawyers in America in the area of Litigation – Intellectual Property.