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Fenwick & West LLP

Judge Alan D. Albright Authors First Federal Circuit Opinion

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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

BakerHostetler

The End of Judge-Shopping in Patent Cases?

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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

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Special Committee Responds to Judge Newman's Counsel's Request for Clarification Regarding Misconduct Hearing

Responsive to the letter from Judge Pauline Newman's counsel sent June 15th (see "Judge Newman Matter Continues"), the Special Committee directing the Federal Circuit's inquiry regarding Judge Newman's fitness for continued...more

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman Matter Continues

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

Goodwin

The Impact of New Patent Litigation Assignments Rules in the Western District of Texas

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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

Morrison & Foerster LLP - Federal Circuitry

When Do Federal Circuit Judges Sit (2022)?

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

Hudnell Law Group

If patent owners can’t mess with the Western District of Texas, then what next?

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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

Paul Hastings LLP

Reign Turns to Clouds—The Western District of Texas Fundamentally Changes Its Assignment Procedure for Patent Cases

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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

McDermott Will & Emery

New WDTX Order Shakes Up Initial Judge Assignments

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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

Porter Hedges LLP

Short Order, Big Change Brought to Patent Docket of Western District of Texas

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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

Procopio, Cory, Hargreaves & Savitch LLP

What’s the Best Court For Your Patent Infringement Suit? The Answer May Have Just Changed

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

Haug Partners LLP

Federal Circuit Vacates $2.75 Billion Award Due to Violation of Judicial Recusal Statute

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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

Knobbe Martens

Justice Must Satisfy the Appearance of Justice— A Judge’s Family’s Financial Interest of 100 Shares of a Party’s Stock Is a...

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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

Dunlap Bennett & Ludwig PLLC

Is Change Coming to Waco? Judge Albright Grants Five Stays for PTAB Review

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

Porter Hedges LLP

There Won’t Always Be a Stark in Delaware

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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

McDermott Will & Emery

Judge Albright Issues Updated Standing Order for Patent Cases

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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

King & Spalding

Considering a Move to Texas? Here’s What You Need to Know About Patent Litigation

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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

White & Case LLP

Judge Albright and Transfers of Patent Cases

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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

Sheppard Mullin Richter & Hampton LLP

Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 2: Pleading Standards in...

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

McDermott Will & Emery

The Jury Returns...Returns

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

McDermott Will & Emery

The Latest on Judge Albright’s January Trial

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Readers will recall our coverage of Judge Alan Albright’s re-transfer of an Austin patent case to Waco so that the court could hold a jury trial in January as scheduled. In that case, the defendant has sought mandamus from...more

Holland & Knight LLP

Top Section 101 Patent Eligibility Stories of 2020

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Light a fire, pour yourself some glogg (21+) and find a comfy corner to read about the biggest Section 101 stories of 2020 because we're gonna have the hap-hap-happiest time since Bing Crosby tap-danced with . . . Well, you...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post -- Reconsidered: The Federal Circuit's Enfish Interpretation of Mayo-Alice

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

McDonnell Boehnen Hulbert & Berghoff LLP

Is It Time for Federal Circuit to Rethink Its Subject Matter Eligibility Jurisprudence? 

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

International Lawyers Network

District of Delaware Update

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

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