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Is Austin better than Waco?—Judge Albright Orders Intra-district Transfer but Keeps Case on His Docket
By Vincent Allen* As discussed in my prior post, the Waco Division of the Western District of Texas has seen a dramatic uptick in the number of patent infringement suits since Judge Albright took the bench. And like other venues where plaintiffs have flocked, it is only natural that defendants attempt to transfer cases out of Waco where venue is either improper or clearly more convenient in another forum. In a suit filed against Dell Computers by Datascape in the Waco Division on February 13, 2019, Dell did just that. Dell has its headquarters in Round Rock, a suburb of Austin located in the Austin Division of the Western District of Texas. However, the same rules for transfer for convenience under section 1404(a) apply to
Continue Reading →Waco, Texas—Will Judge Alan Albright Create a New Hotbed of Patent Litigation Deep in the Heart of Texas?
By Vincent Allen* The Waco Division of the Western District of Texas has seen a dramatic up-tick in the number of patent infringement suits filed there since Judge Alan Albright was sworn into office in September 2018. The judge’s implementation of standing orders for patent cases and his promise of running an efficient docket by issuing timely rulings and offering prompt access to jury trials makes the venue an attractive choice. While not any case can be filed in Waco due to the restrictions placed on venue in patent cases by the Supreme Court’s TC Heartland decision, the Western District of Texas is home to places of business for many companies. In addition to Waco, the district includes Austin, San Antonio, Midland-Odessa, and El Paso. So venue would be proper in Judge Albright’s court against any
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