Albright Moves Back to Private Practice After Leaving Texas Bench

Judge Alan Albright at IPWatchdog LIVE 2021

Former U.S. District Judge Alan D. Albright of the Western District of Texas has returned to private practice as a partner in A&O Shearman’s IP litigation practice as of today.

Albright announced in April that he would leave the Western Texas bench by the end of August. Nominated to the federal judiciary during the first Trump Administration, Judge Albright earned a reputation of thoughtfulness in the application of patent law among plaintiff- and defendant-side lawyers arguing in his courtroom

His tenure was marked by consistent struggles with appellate rulings at the Federal Circuit, especially with respect to rulings on motions to transfer venue. Appeals of Albright’s orders on venue transfer were often granted mandamus relief by the Federal Circuit, which is typically only granted in rare cases. Criticisms of Federal Circuit rulings ordering the transfer of patent cases on mandamus include a lack of evidence that witnesses would testify in the transferee court, and a lack of discretion paid to district court rulings, amounting to de novo review by the Federal Circuit.

In 2021, Senator Thom Tillis (R-NC), who himself has earned a pro-IP reputation, wrote a letter expressing concerns over Judge Albright’s perceived solicitation of patent cases to the U.S. Patent and Trademark Office (USPTO) as well as U.S. Supreme Court Chief Justice John Roberts. At the time, Judge Albright was the sole judge in the Waco division of Western Texas, resulting in his overseeing every patent case filed in that office of the court.

On the last day of 2021, Chief Justice Roberts issued the annual Year End Report on the Federal Judiciary, which disclosed that the Chief Justice had begun an official process within the Judicial Conference of the United States (JCUS) to review case management procedures in U.S. district court, referencing perceived issues with Judge Albright’s court without explicitly naming the judge. These issues culminated in a July 2022 order issued by Western Texas Chief Judge Orlando Garcia mandating the equitable distribution of new patent cases across all 12 federal judges within the district.

Albright was nominated by President Donald Trump in 2018 to fill the judicial vacancy in Western Texas created by the retirement of U.S. District Judge Walter Scott Smith Jr., Judge Albright had previously served as a U.S. magistrate judge in Western Texas from 1992 to 1999 before moving into private practice as a patent attorney with Bracewell LLP. Within two years of his confirmation, Judge Albright’s courtroom had gained a reputation as a rocket docket for patent cases thanks to the development of local rules focused on patent cases and a lawyer-friendly approach.

“After years on the federal bench, I’m excited to return to client work and trial practice at A&O Shearman,” Albright said in an A&O press release.