WacoWatch

On June 25, 2021, IngenioShare, LLC (“IngenioShare”) sued Epic Games, Inc. (“Epic”) for direct and indirect patent infringement in the Western District of Texas (“WDTX”). Epic argued that the venue was improper. On March 18, 2022, in a nine-page Order, Judge Albright expressed his agreement and dismissed the case.

Judge Albright issued multiple standing orders on March 7, 2022, changing various procedural requirements for litigating patent cases in his court.

On March 1, 2022, Judge Albright denied Defendant Apple, Inc.’s (“Apple”) Motion to Transfer Venue to the Northern District of California (“NDCA”), “alleging that it is more convenient than this District.” Plaintiff BillJCo, LLC (“BillJCo”) did not contest that this action could have been brought in the NDCA.

On March 1, 2022, Judge Albright granted Defendant eClinicalWorks, LLC’s (“eClinical”) Motion to Transfer Venue to the District of Massachusetts. eClinical did not argue that the Western District of Texas, Waco Division (“WDTX”) was an improper venue, but rather that the District of Massachusetts “is simply a more convenient forum.”

On December 29, 2021, Judge Albright granted Lenovo USA and Motorola’s motion to dismiss for improper venue in Gesture Technology Partners LLC v. Lenovo Group. It remains to be seen whether Gesture Technology Partners (“Gesture”) will appeal or refile in another jurisdiction.

On September 30, 2021, Judge Albright denied Alfresco Software, Ltd.’s motion for transfer of venue under 28 U.S.C. 1404(a) in Open Text Corp. v. Alfresco Software, Ltd. The case will continue to be tried in the Western District of Texas before Judge Albright.

On July 8, 2021, the Federal Circuit granted a mandamus challenge and ordered Judge Albright to transfer the patent litigation by Ikorongo Technology against defendant Uber Technologies, Inc., from the Western District of Texas to the Northern District of California pursuant to 28 U.S.C. § 1404(a).

On June 22, 2021, the court granted the defendant’s Motion to Dismiss for Improper Venue in Koss Corp. v. PEAG LLC DBA JLAB Audio, Case No. 6:20-cv-00662-ADA.

Judge Albright issued two amended standing orders, which are now published on the Western District of Texas website.

In its opposed motion, ADTRAN argued the Western District of Texas was improper, but even if it were the proper venue, the Northern District of Alabama is a more convenient venue for the action. The court first determined that venue was improper.