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April 3, 2025

2 min read

Judge Albright Awards Attorneys’ Fees, Finds Case Exceptional, and Holds Attorney Jointly and Severally Liable

In Silent Communication, LLC v. BlackBerry Corp., Case No. 6:22-cv-00252-ADA, Judge Albright partially granted BlackBerry’s motion for attorneys’ fees on
February 25, 2025 (the Order)....Read more

October 16, 2024

1 min read

Judge Albright Denies Motion To Strike Amended Complaint and Reiterates the Significance of the Order Governing Proceedings

Judge Albright denies Defendant’s Motion to Strike Plaintiff’s Amended Complaint, finding that the procedure outlined in the Order Governing Proceedings
allowed for the amendment....Read more

October 9, 2024

3 min read

Judge Albright Grants Motion To Transfer Volvo Patent Case To New Jersey, Denies Motion to Dismiss

On September 18, 2024, Judge Albright found four Volvo dealerships do not constitute regular and established places of business for two Volvo defendants
and transferred a patent infringement case against them to the District of New Jersey on the grounds that the Western District of Texas (W.D. Tex.) is an
improper venue....Read more

October 2, 2024

2 min read

Judge Albright Enters Judgment Despite Jury’s Disregard for Stop Instructions

On May 19, 2023, a Waco jury found that Dropbox did not infringe any of the patent claims asserted by Motion Offense, LLC....Read more

September 18, 2024

2 min read

Judge Pitman Grants Summary Judgment of No Damages After Excluding Plaintiff’s Expert Damages Testimony

Defendant Microsoft Corporation (Microsoft) filed a motion for summary judgment of no remedy, which Judge Pitman granted on August 15, 2024, resulting
in final judgment on all claims in favor of Microsoft....Read more

September 11, 2024

5 min read

Judge Albright Denies Motion To Transfer To the Northern District of California Based on Two Private-Interest Factors Weighing Against Transfer

Defendant Meta Platforms, Inc. (Meta) filed an opposed motion to transfer venue to the Northern District of California (NDCA). On August 7, 2024, Judge
Albright denied Meta’s motion to transfer, finding Meta had failed to establish NDCA as a clearly more convenient forum to resolve the dispute....Read more

June 12, 2024

4 min read

Judge Pitman Grants Motion To Transfer To the Northern District of California Based on Multiple Factors Strongly Favoring Transfer

Defendant Tableau Software, LLC (Tableau) filed an opposed motion to transfer venue to the Northern District of California. On May 21, 2024, Judge Pitman
granted Tableau’s motion and transferred the proceeding between Tableau and iCharts LLC....Read more

June 5, 2024

1 min read

Judge Albright Grants Micron’s Request To Amend Its Invalidity Contentions

On May 20, 2024, Judge Albright issued an order granting Micron Technology, Inc.’s (Micron) request to amend its invalidity contentions “to include U.S. Patent
No. 7,397,713; U.S. Patent No. 7,174,440; and U.S. Patent Publication No. 2003/0110343 as secondary references . . . to address [Sonrai Memory Limited’s
(Sonrai)] new infringement theory” in Sonrai Memory Ltd. & Nera Innovations Ltd. v. Micron Technology, Inc., 1:23-cv-01407-ADA (W.D. Tex. May 20, 2024)....Read more

May 8, 2024

3 min read

Judge Prost Reverses and Remands Judge Albright Dismissal, Finding Constitutional Standing For Patentee Despite Patent Security Agreement Default

Judge Prost of the United States Court of Appeals for the Federal Circuit reversed and remanded an order by Judge Albright, finding Intellectual Tech LLC (IT)
has constitutional standing in Intellectual Tech LLC v. Zebra Technologies Corp., No. 6:19-cv-628, 2022 WL 1608014. Judge Prost’s decision regarded the
question of whether IT demonstrated the irreducible constitutional minimum of an injury in fact. Intell. Tech LLC v. Zebra Techs. Corp., No. 22-22...Read more...Read more

May 1, 2024

2 min read

Judge Pitman Grants Motion To Stay Pending Post-Grant Proceedings

Defendants Bayerische Motoren Werke (BMW) and Robert Bosch GmbH (Bosch) (collectively, defendants) filed an opposed motion to stay the district court
litigation pending ex parte reexamination of all asserted claims of the U.S. Patent No. 7,502,958 (the’958 Patent) and inter partes review of 10 out of the 25
claims of the ’958 Patent. ...Read more

April 24, 2024

2 min read

Federal Circuit Denies Google’s Petition For Mandamus Regarding Transfer of Patent Infringement Case From Western District of Texas To Northern District of California, Citing Judicial Economy

Google petitioned the Federal Circuit for a writ of mandamus, requesting that the Federal Circuit direct the United States District Court for the Western District
of Texas to vacate its order denying Google’s motion to transfer and transfer to the United States District Court for the Northern District of California....Read more

February 21, 2024

1 min read

Judge Albright Denies Plaintiff VLSI Technology’s Motion for Entry of Scheduling Order on Defendant Intel’s License Defense

The license defense Intel is using involves a contract Intel entered into with Finjan in 2012. Under that contract, Intel purchased from Finjan a license to
patents owned and controlled by Finjan and its affiliates, including affiliates it might acquire later. ...Read more

January 31, 2024

1 min read

Judge Albright Issues a New Order Governing Proceedings

Judge Albright issued a new Order Governing Proceedings on January 23, 2024....Read more

December 6, 2023

4 min read

Federal Circuit Reverses VLSI $2.2B Judgment With Rulings on Damages and DOE

VLSI Technology, LLC sued Intel Corporation in the Western District of Texas for infringement of two patents, U.S. Patent Nos. 7,523,373 (’373) and 7,725,759
(’759). A jury trial in February and March 2021 found infringement of both patents and awarded separate lump-sum damages for each patent—$1.5 billion for
the ’373 patent and $675 million for the ’759 patent. ...Read more

December 6, 2023

4 min read

Judge Albright Denies Amazon and eero’s Motion To Dismiss For Improper Venue and To Transfer Venue To The Northern District of California

On November 6, 2023, Judge Albright denied Defendants Amazon Services LLC and eero LLC’s Motion to Dismiss for Improper Venue and to Transfer Venue
to the Northern District of California....Read more

November 1, 2023

2 min read

Federal Circuit Denies Petition for Writ of Mandamus—Sony Cannot Transfer Case Out of Western District of Texas

On October 19, 2023, the Federal Circuit denied Sony’s petition to transfer a case from the Western District of Texas to the Northern District of California....Read more

October 4, 2023

8 min read

Judge Albright Denies Google’s Motion To Transfer To Northern District of California and Excludes Unreliable Venue Witnesses’ Declarations

Rafqa Star, LLC v. Google, Inc., 6:22-cv-01207-ADA (W.D. Tex. 2023) is a case brought by Plaintiff Rafqa Star, LLC (Rafqa) alleging that Defendant Google
LLC’s (Google) Navigate with Live View feature of Google Maps, along with “associated hardware and/or software” that “work in conjunction with” the
Navigate with Live View feature of Google Maps, infringe U.S. Patent No. 11,145,215 (’215 Patent)....Read more

September 27, 2023

2 min read

Judge Albright Orders Plaintiff to Produce Documents Related to Defendants’ Marking Defense

On September 19, 2023, Judge Albright issued a discovery dispute order ordering Plaintiff Viasat Inc. (Viasat) to produce “documents and information
sufficient to identify which of its products were sold or offered for sale in the United States that incorporate flash memory, and the dates that Viasat sold or
offered for sale such products, and identify the flash memory product incorporated in each of such products.”...Read more

September 13, 2023

2 min read

Magistrate Judge Gilliland Finds Improper Venue in Ice Rover v. Brumate, and Recommends a Transfer to Colorado in the Interest of Justice

On July 18, 2022, Ice Rover, Inc. (Plaintiff) filed a patent infringement lawsuit against Brumate, Inc. (Defendant) in the Western District of Texas, Waco
Division. Defendant filed a 12(b)(3) motion to dismiss the lawsuit for improper venue or, in the alternative, to transfer venue pursuant to 28 U.S.C. § 1406 “in
the interest of justice” to Colorado because it is a “district or division in which it could have been brought.”...Read more

August 30, 2023

less than 1 min read

Waco Jury Finds No Infringement by U.S. Well Services and Invalidates Two Halliburton Patents

On August 24, 2023, a jury in the Western District of Texas, Waco Division with Judge Albright presiding, found for defendant U.S. Well Services, LLC. The
verdict found U.S. Well Services’ Clean Fleet electric hydraulic fracturing fleets did not infringe three asserted patents....Read more

About This Blog

Winston & Strawn’s WacoWatch series delivers information and analysis on Judge Alan Albright, his important decisions, his procedures, and emerging trends related to patent litigation in the Waco Division of the Western District of Texas.