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Judge Albright’s Refusal to Transfer Fracking Patent Suit Nixed

Oct. 28, 2020, 5:10 PM

U.S. District Judge Alan Albright must take another look at his decision not to send a fracking patent infringement suit to a different court where an earlier-filed suit between the parties is pending, the Federal Circuit ruled.

Albright, of the U.S. District Court for the Western District of Texas, declined to apply the first-to-file rule, which says the court where the first suit is filed should get to determine whether related, subsequently filed suits should proceed. Instead, he relied on traditional transfer factors to decide the suit should stay in his court.

“That proposition is contrary to law,” the U.S. ...