As LFJ covered earlier this month, a new report by RPX found that patent litigation driven by Non-Practicing Entities (NPEs) saw a dramatic decline in volume in the first quarter of 2023. However, one of the most interesting findings in RPX’s research was a 55% reduction in the number of defendants in the Waco Division of the Western District of Texas. This was attributed to a standing order mandating the random assignment of cases in the Western District, rather than automatically assigning them to Judge Alan Albright in the Waco Division.
An LFJ Conversation with Michael Kelley, Partner, Parker Poe
As LFJ covered earlier this month, a new report by RPX found that patent litigation driven by Non-Practicing Entities (NPEs) saw a dramatic decline in volume in the first quarter of 2023. However, one of the most interesting findings in RPX’s research was a 55% reduction in the number of defendants in the Waco Division of the Western District of Texas. This was attributed to a standing order mandating the random assignment of cases in the Western District, rather than automatically assigning them to Judge Alan Albright in the Waco Division.
A new piece of analysis by Goodwin dives into the details of patent litigation assignment in the district, assessing the distribution of cases among the 12 district judges. Goodwin’s analysis found that in the first seven months of the new regime, August 2022 to February 2023, the allocation of cases was still largely dominated by Judge Albright, who received 49% of all new Waco patent cases.
Goodwin notes that this is a much higher share than under a truly random distribution, which would have allocated roughly 8% of cases to Judge Albright. The analysis suggests that the reason for this initial disparity is partly a result of circumstance, as Judge Albright was repeatedly allocated patent cases where there were already related cases that he was presiding over.
However, Goodwin highlights the important fact that this trend has begun to shift as of March, with Judge Albright only receiving 14% of all patent cases that month. The other conclusion drawn from the data is that the Western District is prioritising allocating cases to other judges with the most experience in presiding over patent litigation, as Judge Robert Pitman and Judge Lee Yeakel have been allocated 13% and 9% of cases, respectively, in the period August 2022 to March 2023.
Goodwin concludes by noting that this trend may not follow an exact pattern as Judge Yeakel is retiring on May 1, 2023.
