U.S. District Court for the Western District of Texas, Midland/Odessa

The U.S. District Court for the Western District of Texas (WDTX), which includes the Midland/Odessa Division, operates within the Fifth Circuit, though appeals in patent cases are heard by the Federal Circuit. This district spans a vast geographical area across West and Central Texas, with divisions in Austin, Del Rio, El Paso, Midland, Pecos, San Antonio, and Waco. Historically, the WDTX, particularly its Waco Division under the leadership of Judge Alan Albright, became one of the most active venues for patent litigation in the United States, attracting a significant percentage of nationwide patent filings. While its patent docket size has seen shifts due to recent changes, the WDTX remained the second most popular venue for patent filings and for non-practicing entity (NPE) filings in the first half of 2025.

The WDTX developed a reputation as a "rocket docket" for patent cases, driven by aggressive scheduling orders aimed at moving cases to trial quickly, with a median time-to-trial around two years for both jury and bench trials. The court was also perceived as plaintiff-friendly, particularly regarding motions to transfer and early challenges to patent eligibility under 35 U.S.C. § 101. Judge Albright, the primary driver of the patent docket's growth, was notably reluctant to grant motions to transfer cases out of the district, a stance that sometimes led to reversals by the Federal Circuit via mandamus petitions. However, a July 2022 order by Chief Judge Orlando Garcia mandated random assignment of patent cases filed in the Waco Division among the district's judges, diversifying the judicial landscape for new patent filings.

While the WDTX does not have a single set of "local patent rules" like some other districts, Judge Albright issued detailed "Standing Orders Governing Proceedings" (OGPs) for patent cases in the Waco Division, which effectively serve a similar function. These orders outline specific procedures for patent litigation, including early infringement and invalidity contentions, and often stay most discovery until after the Markman (claim construction) hearing. They also set presumptive limits on the number of claim terms to be construed during Markman proceedings, varying based on the number of patents asserted. Motions to transfer venue are generally due within three weeks after the Case Management Conference or eight weeks of receiving or waiving service.

Within the Midland/Odessa Division, two cases currently being tracked include Avant Location Technologies LLC v. Apple Inc. (active) and Perceptive Automata, LLC v. Tesla, Inc. (ongoing litigation). Notably, motions in the Perceptive Automata, LLC v. Tesla, Inc. case in the Western District of Texas (7:25-cv-00594) are referred to Judge Derek T. Gilliland. This specific WDTX case is distinct from a Perceptive Automata LLC v. Tesla, Inc. case (2:25-cv-00742) that was filed and voluntarily dismissed without prejudice in the Eastern District of Texas in early 2026.

Key judges involved in patent litigation within the WDTX include Judge Alan Albright, who largely shaped the district's patent docket and is expected to depart for private practice at the end of August 2026. Magistrate Judge Derek T. Gilliland is also a prominent figure in patent cases, explicitly mentioned in Judge Albright's standing orders as jointly overseeing proceedings in patent cases in the Waco Division. His involvement in the Perceptive Automata case in the Midland/Odessa Division highlights the reach of the district's patent practice beyond the Waco Division. Other judges, including U.S. District Judges Lee Yeakel, Alias Moses, Fred Biery, and Robert Pitman, have also been assigned patent cases following the implementation of the random assignment order.