Texas

The United States District Court for the Western District of Texas (WDTX), particularly its Waco Division, has been a dominant venue for patent litigation in recent years, falling under the Fifth Circuit. Following a period where it received a quarter of all patent cases nationwide by 2021, the WDTX was the second most popular venue for patent filings and non-practicing entity (NPE) filings in the first half of 2025, behind the Eastern District of Texas. The court's locations span Waco, Austin, San Antonio, and El Paso.

The WDTX gained a reputation as a "rocket docket" due to its fast-paced scheduling and a perceived plaintiff-friendly environment. Judge Alan D. Albright, who was largely responsible for this surge in patent filings, implemented fast-track scheduling orders aimed at moving cases to trial quickly, often denying motions to stay pending Patent Trial and Appeal Board (PTAB) proceedings. While Judge Albright was historically reluctant to transfer cases out of the district, often drawing reversals from the Federal Circuit on mandamus petitions, subsequent Federal Circuit guidance and an internal order have led to more defendant success on transfer motions. The Federal Circuit applies the regional Fifth Circuit law for non-patent issues such as transfer. The court typically prefers jury trials over summary judgment.

While the WDTX does not have formal "local patent rules," Judge Albright issued a series of standing orders governing patent proceedings, frequently updated, which outlined specific procedures and deadlines for patent cases. These orders require early preliminary infringement contentions, generally stay most discovery until after the Markman (claim construction) hearing, and set presumptive limits on the number of claim terms to be construed. Motions to transfer are typically due eight weeks after service or three weeks after the case management conference. A significant change occurred on July 25, 2022, when Chief Judge Orlando Garcia ordered new patent cases filed in the Waco Division to be randomly assigned among the district's judges, rather than automatically to Judge Albright, leading to a redistribution of the patent docket.

Among the tracked cases, VirtaMove Corp. v. International Business Machines Corporation is currently identified in the Eastern District of Texas, Marshall Division (Case No. 2:24-cv-00064-JRG). However, other VirtaMove cases, such as VirtaMove Corp. v. Google LLC and VirtaMove Corp. v. Amazon Web Services, were filed in the Western District of Texas. In September 2025, the Federal Circuit denied VirtaMove's mandamus petitions challenging the transfer of these cases from WDTX to the Northern District of California, affirming the district courts' convenience findings. Noteworthy rulings in the WDTX patent practice under Judge Albright included a historical reluctance to invalidate patents on eligibility grounds under Section 101 prior to claim construction.

The most prominent patent judge in the WDTX has been Judge Alan D. Albright, who is scheduled to step down in August 2026. He was appointed in 2018 and quickly established the Waco Division as a leading patent forum. Following the 2022 random assignment order, other judges in the district, such as Judge David Counts in the Midland-Odessa Division, have also seen an increase in patent cases. Judge Counts, a former patent litigator, has adopted a standing order similar to Judge Albright's and ranked as the number-two patent judge nationally in Q1 2025. Patent cases in the Austin Division may also be assigned to judges like Judge Robert Pitman and Judge Ezra.