Alan Albright

Alan Albright
Judge of the United States District Court for the Western District of Texas
Incumbent
Assumed office September 10, 2018
Appointed by	Donald Trump
Preceded by	Walter Scott Smith Jr.
Magistrate Judge of the United States District Court for the Western District of Texas
In office 1992–1999
Personal details
Born	(1959-11-24) November 24, 1959 (age 64) Hershey, Pennsylvania, U.S.
Education	Trinity University (BA) University of Texas at Austin (JD)

Alan D Albright^[1][a] (born November 24, 1959)^[2] is a United States district judge of the United States District Court for the Western District of Texas. He was formerly a United States magistrate judge of the same court. Albright oversees a significant portion of patent litigation within the United States. In 2021, the United States Court of Appeals for the Federal Circuit repeatedly rebuked him in a string of opinions for failing to transfer cases to more apt jurisdictions. A quarter of all patent lawsuits in the US were once heard by Albright, who has been widely criticized for ignoring binding case law. However, following a docket-stripping order issued by Chief Judge Orlando Garcia, Albright's patent docket has declined precipitously.^[3]

Biography

Albright earned his Bachelor of Arts with honors from Trinity University and his Juris Doctor from the University of Texas School of Law. He taught trial advocacy at the University of Texas School of Law for several years as an adjunct professor. Before becoming a district judge, Albright was a partner in the Austin office of Bracewell LLP, where his practice focused on intellectual property law. He was in private practice at other firms in Austin from 1999 to 2015.^[4]

Federal judicial service

Albright served as a United States magistrate judge of the United States District Court for the Western District of Texas from 1992 to 1999.^[5] On January 23, 2018, President Donald Trump announced his intent to nominate Albright to an undetermined seat on the United States District Court for the Western District of Texas.^[4] On January 24, 2018, his nomination was sent to the United States Senate. He was nominated to the seat vacated by Judge Walter Scott Smith Jr., who retired on September 14, 2016.^[6] On April 25, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.^[7] On May 24, 2018, his nomination was reported out of committee by voice vote.^[8] On September 6, 2018, his nomination was confirmed by voice vote.^[9] He received his judicial commission on September 10, 2018,^[10] and was sworn in by Chief Judge Orlando Luis Garcia on September 18, 2018.

Controversy

After Albright encouraged patent owners to file claims in the Western District of Texas, one fifth of the nation's patent cases were filed in the district.^[11] On September 24, 2021, the United States Court of Appeals for the Federal Circuit rebuked Albright for refusing to follow the law limiting federal judges from retaining cases that should be transferred to another jurisdiction.^[12] On October 21, 2021, the Federal Circuit issued a writ of mandamus transferring another patent case that Judge Albright oversaw because of his prior denial of transfer. The Federal Circuit's opinion rebuked Albright's continuous denial of transfers from the Western District.^[13]

Due to Albright's actions, on November 2, 2021, Senators Thom Tillis and Patrick Leahy wrote a bipartisan letter asking Chief Justice John G. Roberts to direct the Judicial Conference of the United States to "conduct a study of actual and potential abuses" that result from an "absence of adequate rules regulating judicial assignment and venue for patent cases within a [single judicial] district.".^[14][15] The letter criticized Albright for having "openly solicited cases at lawyers' meetings" and for having "repeatedly ignored binding case law and abused his discretion," noting that Albright's decisions "resulted in a flood of mandamus petitions" being filed and granted "no fewer than 15 times in just the past two years.".^[15]

Judicial Reassignment Order for Patent Cases

Because Albright is the only district judge in the Waco Division of the Western District of Texas, any patent cases filed in Waco were guaranteed to be assigned to him. This effectively gave plaintiffs the power to choose the judge to whom their cases were assigned by filing in the Waco Division, resulting in a disproportionately large number of patent cases being heard by Albright. Faced with mounting criticism from scholars, U.S. Senators, and the Chief Justice of the United States, on July 25, 2022, Chief Judge Orlando Garcia stripped Albright of automatic assignment of new patent cases filed in the Waco Division.^[16] The reassignment order states that to "equitably distribute" patent cases, any new patent cases filed in the Waco Division on or after July 25, 2022, would be randomly assigned among twelve of the judges of the Western District of Texas, reducing Albright's case load to approximately 8% of new patent cases filed in Waco. The order only impacts judicial assignment of cases filed in the Waco Division, and only affects patent cases. Chief Judge Garcia's order is widely viewed by practitioners as signaling the demise of the Western District of Texas as a major venue for patent litigation.^[17]

References

1. "Questionnaire for Judicial Nominees" (PDF). Judiciary.senate.gov. Retrieved July 28, 2022.
2. "Senate confirms new Waco US district judge". KWTX. September 7, 2018.
3. "The King of Patent Litigation Might Just Have Been Dethroned". Texas Lawyer. Retrieved July 28, 2022.
4. "President Donald J. Trump Announces Tenth Wave of Judicial Nominees – The White House". Trumpwhitehouse.archives.gov. Retrieved July 28, 2022.
5. "Trump names Austin lawyer Alan Albright to federal bench". Mystatesman.com. Retrieved July 28, 2022.
6. "Eight Nominations Sent to the Senate Today". whitehouse.gov – via National Archives.
7. "Nominations | United States Senate Committee on the Judiciary". Judiciary.senate.gov. April 25, 2018. Retrieved July 28, 2022.
8. "Results of Executive Business Meeting – May 24, 2018, Senate Judiciary Committee" (PDF). Judiciary.senate.gov. Retrieved July 28, 2022.
9. "PN1523 — Alan D. Albright — The Judiciary". United States Senate. January 24, 2018. Retrieved September 6, 2018.
10. Alan Albright at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
11. Davis, Ryan (July 2, 2021). "WDTX Now Has 25% Of All US Patent Cases - Law360". Law360.com. Archived from the original on July 2, 2021. Retrieved September 29, 2021.
12. Kass, David (September 24, 2021). "Fed. Circ. Rebukes Judge Albright For Still Avoiding Transfers - Law360". Law360.com. Retrieved September 29, 2021.
13. Kass, Daniel (October 22, 2021). "Fed. Circ. Overrides Albright After He Ignored Implied Order - Law360". Law360.com. Archived from the original on October 22, 2021. Retrieved October 22, 2021.
14. "Letter to the Chief Justice of the United States of America from Senators Thom Tillis and Patrick Leahy" (PDF). Patentlyo.com. November 2, 2021. Retrieved July 28, 2022.
15. Witherspoon, Tommy (November 5, 2021). "Senators slam Waco federal judge over 'extreme concentration' of patent cases". WacoTrib.com. Archived from the original on November 6, 2021. Retrieved November 15, 2021.
16. "Order Assigning the Business of the Court as it Relates to Patent Cases" (PDF). Txwd.uscouts.gov. Retrieved July 28, 2022.
17. Rudinger, Robert (July 29, 2022). "The Crumbling Of Judge Albright's Patent Empire". Law360. Retrieved July 30, 2022.

Notes

1. "D" is Albright's middle name, it is not an initial

External links

• Alan Albright at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.

Legal offices
Preceded by Walter Scott Smith Jr.	Judge of the United States District Court for the Western District of Texas 2018–present	Incumbent