Nate Legum

Texas has long been home to the busiest patent courts in the country. In the Eastern District, Judges Rodney Gilstrap and Roy Payne have for the last decade-plus seen more patent cases than any other judges in the country. Since taking the bench in 2018, Judge Alan Albright in the Western District has had the most active patent docket, taking 18% of all patent cases in 2022, for example. Much has been written about the judges’ perceived unwillingness to grant transfer motions in patent cases (and resulting challenges to the Federal Circuit) and disfavor of staying cases pending inter partes review. These factors suggest that a defendant in these courts have few options to stay or transfer their case.