Judge Albright’s Exit to Reverberate Among Texas Patent Cases

Judge Alan Albright‘s tenure on the Western District of Texas leaves a lasting impact on how patent trials are handled in the Lone Star State by influencing where plaintiffs filed lawsuits and providing procedures to help attorneys in the courtroom.

Albright, who confirmed to Bloomberg Law that he intends to step down from the federal bench at the end of August, is known for making waves in patent litigation since he took the bench in 2018.

After just three years he was drawing nearly 25% of all new patent suits, more than any other judge in the nation until the US District Court for the Western District of Texas in 2022 ordered suits filed in his then-Waco courtroom to be spread evenly among the district’s active judges and one senior status judge based in San Antonio.

Albright also attracted criticism, much of it focused around what University of Texas at Austin School of Law professor Paul Gugliuzza called a reputation for having “forum selling behavior” earned by trying to attract patent cases to his courtroom. The judge oversaw 77% of all patent litigation in the Western District in 2022.

“Whatever you think of Judge Albright’s campaign to turn the Western District of Texas into a patent hot spot, his departure will undoubtedly change where patent cases are filed and how they’re litigated,” Gugliuzza said.

Albright’s experience as a patent attorney and knowledge of patent law influenced how he managed his courtroom. His clear and trial-focused procedures changed expectations for how patent cases are managed in the Western District, according to Natalie Alfaro Gonzales of Yetter Coleman.

The judge encourages younger attorneys and women to take on real roles at trial in a legal practice that’s predominantly male, she said.

“Even as assignments have diversified and he steps down, Judge Albright’s influence will continue to shape how cases move to a fair jury trial,” Gonzales said.

Albright’s way of structuring his docket and orders is appealing to litigators, said Russ Emerson of Haynes and Boone.

“There’s a lot of case law out there now that’s Judge Albright case law and it’s affected patent litigation in Texas,” Emerson said. “He’s been a big deal.”

Qi “Peter” Tong of Russ August & Kabat, a former law clerk for Albright, said the judge’s procedures allowed for the court to efficiently handle the high volume of complex patent suits.

“Unfortunately, being fair, fast, and efficient made him a target for the defense bar, which tried to paint him as friendly to patent owners,” Tong said.

Venue Selection

The number of patent case filings drastically changed after the 2022 order that no longer allowed every patent case filed in Waco to be assigned to Albright. The order spread the cases out among a dozen of the district’s judges.

Another order in 2024 continued random assignment of patent cases that were filed in Waco and required parties seeking to transfer cases to Albright to provide a good reason.

Plaintiffs no longer could count on their cases being overseen by Albright if they were filing in the Waco single-judge division, and his move to Austin also made achieving some certainty difficult for plaintiffs.

Albright received over 130 patent cases in the last 12 months since April 2025, according to a Bloomberg Law analysis. Judges in three other single-judge divisions across Texas received more patent filings than Albright: Judges Rodney Gilstrap and Robert Schroeder of the Eastern District of Texas, and Judge David Counts of the Western District.

“It is very likely that Judge Albright’s departure will impact venue selection, as he is the reason many litigants choose to file in the Western District of Texas,” said Aimee Fagan of Winston & Strawn.

The impact may be lessened if the Western District keeps Albright’s approach to patent cases, according to the Dallas-based attorney.

Gonzales expects judges in the Western District, including Counts, will continue to see a steady stream of cases.

“But there’s no question Judge Albright’s departure leaves a gap that may shift some filings away,” she said. “I expect the Eastern District of Texas to remain at or near the top of patent filings, with a likely uptick there as WDTX filings moderate while the plaintiff’s bar assesses the new landscape.”

Albright gained a reputation for loving patent law, and his experience as a patent attorney has valuable to litigators craving certainty.

Albright’s time overseeing patent trials provided attorneys with knowledge of how the judge will handle certain issues, said Roger Fulghum of Baker Botts.

“Few judges nationwide have that sort of mastery of patent law,” he said.