A Guide To West Texas Patent Cases Before Albright: Part 2


Our earlier Law360 guest article highlighted the rapid rise in prominence of the Waco Division of the U.S. District Court for the Western District of Texas since U.S. District Judge Alan Albright was appointed to that court nearly two years ago. It also provided an overview of the procedures Judge Albright has set in place to structure patent infringement litigation in his courtroom.

This second article provides an overview of the court's rulings on pre-answer motions under Federal Rule of Civil Procedure 12. As of July 17, Judge Albright had ruled on 54 motions to dismiss under Federal Rule of Civil Procedure 12 in patent infringement cases. He granted about half — 26. However, the grant rate has varied for different types of motions to dismiss.

Originally published in Law360 - August 31, 2020.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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