Bloomberg Law
Free Newsletter Sign Up
Login
BROWSE
Bloomberg Law
Welcome
Login
Advanced Search Go
Free Newsletter Sign Up

Albright Again Ordered to Take Fast Action on Transfer Motion

March 9, 2021, 4:25 PM

Judge Alan Albright has 30 days to rule on TracFone Wireless Inc.'s motion to move a patent infringement suit against it out of the Western District of Texas, the Federal Circuit ordered.

The motion has been pending for over eight months with no action. Meanwhile Albright conducted a claim construction and issued a ruling.

The U.S. Court of Appeals for the Federal Circuit said in nonprecedential order that Albright should have considered the transfer motion first. It is a well-established rule in the Fifth Circuit—which includes the Texas court—that trial courts must give promptly filed transfer motions “top priority” before ...