What Happened
Judge Alan Albright's courtroom in Waco, Texas has become the most popular patent litigation venue in America. In 2021 and 2022, over 1,000 patent cases were filed there—more than any other district. Patent plaintiffs love it. Defendants often don't.
Why It Matters
Why Waco? Several reasons: Judge Albright sets fast trial dates (often within 12-18 months), he's knowledgeable about patent law, he doesn't easily grant stays pending PTAB review, and his procedures are predictable. For patent owners, that adds up to a forum where they can get to trial quickly and have a decent shot at winning.
The Federal Circuit has pushed back, granting mandamus petitions to transfer cases out of Waco when defendants have stronger ties to other districts—particularly the Northern District of California, where many tech companies are based. But Judge Albright has adapted, and filings remain high.
This concentration matters because venue affects outcomes. Some judges are more plaintiff-friendly, some more defense-friendly. Some move cases fast, some slow. Where you file can determine how much leverage each side has in settlement negotiations.
What You Should Know
If you're a patent owner, Waco might be a good choice—but evaluate transfer risk first. Does your defendant have meaningful contacts there? If not, they may successfully transfer out. Consider alternative venues like Delaware or the Eastern District of Texas.
If you're a defendant facing a Waco filing, consider an early transfer motion. Document your connections to more convenient venues. If the judge denies it, consider a mandamus petition to the Federal Circuit.
Venue isn't everything, but it's often the first and most important strategic decision in patent litigation.