U.S. District Court for the Western District of Texas; U.S. Court of Appeals for the Federal Circuit

The U.S. District Court for the Western District of Texas (WDTX), part of the Fifth Circuit for general appeals and the Federal Circuit for patent appeals, has become a significant venue for patent litigation. Historically, the Waco Division, particularly under Judge Alan D. Albright, experienced a dramatic surge in patent filings, at one point handling approximately 25% of all patent lawsuits nationwide by 2021. While its share of national patent cases has since decreased due to reassignment orders, it remains a leading forum.

The WDTX gained a reputation as a "rocket docket" for patent cases, known for its expedited path to trial, sometimes targeting an 18-month timeline from filing. This quick scheduling was often a factor in the Patent Trial and Appeal Board's (PTAB) discretionary decisions on whether to institute inter partes review (IPR) proceedings. The court, especially its Waco Division, was also perceived as a plaintiff-friendly venue, attracting a high volume of cases from non-practicing entities (NPEs). However, Judge Albright's frequent denials of motions to transfer venue often led to reversals by the Federal Circuit through mandamus petitions, indicating the appellate court's closer scrutiny of venue considerations.

While the WDTX does not have official "local patent rules" like some other districts, Judge Albright implemented a set of comprehensive standing orders for patent cases in the Waco Division. These orders established specific procedures, including mandatory early infringement and invalidity contentions, limits on discovery prior to claim construction, and presumptive limits on the number of claim terms for Markman hearings. In a notable shift, the Western District of Texas issued a district-wide random assignment order in July 2022 for patent cases filed in the Waco Division to prevent judge-shopping, leading to a redistribution of patent cases among the district's judges.

A prominent tracked case in this court is 3D Surfaces LLC v. Dell Technologies, Inc. et al., which has proceeded to judgment and is currently on appeal. The Federal Circuit holds exclusive jurisdiction over appeals in patent cases, ensuring uniformity in patent law interpretation. Beyond specific cases, a noteworthy trend in WDTX patent litigation includes Judge Albright's April 2026 ruling, which granted an antisuit injunction to prevent the assertion of U.S. patents in a German court.

The most prominent judge associated with patent litigation in the WDTX is Judge Alan D. Albright, a former patent litigator and magistrate judge, who was instrumental in shaping the court's patent docket and procedures in the Waco Division. Although Judge Albright was reported in April 2026 to be leaving the bench by the end of August 2026, other reports from December 2024 indicate a transfer to the Austin Division was expected. Following the implementation of random assignment, other WDTX judges, such as Judge David Counts in the Midland-Odessa Division and Judges Robert Pitman and Lee Yeakel (who retired in May 2023) in the Austin Division, have also taken on more patent cases.