Waco Patent Litigation Updates

This week, Judge Albright entered a new Standing Order Regarding Motions for Inter-District Transfer. Here are the key takeaways:

1. Any party who files such motion must provide the Court with a status report—no later than 6 weeks prior to the date of the Markman hearing—stating whether the motion has been fully briefed and is ready for resolution.
2. Any party who has such motion pending at the time the Order was entered (March 23) and has a Markman hearing scheduled less than 6 weeks from March 23, must file this status report as quickly as is reasonable, but in no event more than 5 business days after March 23.
3. The Court "will not conduct a Markman hearing until it has resolved the pending motion to transfer." Either an Order on the motion will be promptly entered, or the Markman hearing will be postponed.
4. A party may not file a motion for inter-district transfer within 8 weeks of a scheduled Markman hearing without leave of court and a showing of good cause.

The full Standing Order can be found HERE.

Venue transfers, both inter-district and intra-district (especially between the Waco and Austin Divisions) are one of the most common motions filed in Judge Albright's Court. They are also the most highly publicized and the most often appealed to the Federal Circuit. In recent weeks, the Federal Circuit has handed down multiple opinions regarding transfer motions in Judge Albright's Court, specifically addressing the need for pending motions to be resolved prior to the Markman hearing.

Below is the full text of the Standing Order: