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2nd Amended Standing Order Re Motions for Inter-District Transfer

Today, Judge Albright entered his Second Amended Standing Order Regarding Motions for Inter-District Transfer, which replaces the previous June 8 Order. The Second Amended Order still requires a party who has filed a motion for inter-district transfer to provide the Court with a report regarding the briefing status prior to the Markman hearing, but with…

New Standing Order Re Joint/Unopposed Requests

Judge Albright has entered a new Standing Order Regarding Joint or Unopposed Request to Change Deadlines. Any request to extend a deadline or amend a scheduling order will be automatically granted as long as: (1) it is unopposed or agreed; and (2) it does not change any hearing/trial date or any final submission to the…

New Order Governing Proceedings – Patent Cases – Version 3.4

Today, Judge Albright entered a revised Order Governing Proceedings in Patent Cases: OGP Version 3.4. This latest revision incorporates some of the Court’s newest Standing Orders that have been entered this month (see previous post HERE). Some other notable changes include: Order of Markman Briefing: The Court has switched the order that the parties file…

Judge Albright’s New Standing Orders

Standing Order for Discovery Hearings in Patent Cases: Today, Judge Albright entered a new Standing Order for Discovery Hearings in Patent Cases. No later than 7 days after a discovery hearing, the prevailing party must submit a proposed order briefly summarizing the dispute and the parties’ understanding of the Court’s ruling. If the parties cannot…

Jury Trial Commences in Freshub v Amazon – Live Audio Feed

Another patent infringement jury trial began this morning in the Waco Federal Courthouse: Freshub, Inc. et al v. Amazon.Com Inc. et al – Case No. 6-21-cv-00511. The Court has provided a dial-in for members of the public to call in and listen to the trial proceedings in real time: Number: 1-669-254-5252 Meeting ID: 160-731-3863 Passcode:…

Fireside Chat with Judge Albright

Mark your calendars: May 13, 2021 from 11:30am – 12:15pm CT Judge Alan Albright, who oversees the nation’s busiest patent docket right here in Waco, Texas, will sit down with McKool Smith Principal Kat Li, for a great discussion regarding his practices and procedures and all things patent litigation in WDTX. Registration is free and…

The Verdict is In!

The jury has reached a verdict in Case No. 6:21-cv-299, VLSI Technology LLC V. Intel Corporation. A Waco Texas jury found that Intel did not infringe the claims of the 2 asserted patents. VLSI asked the jury to award over $3 billion in damages, alleging that Intel infringed two patents related to computer chip technology.…

Closing Arguments in VLSI v Intel to Begin

The Court has charged the jury in Case No. 6:21-cv-299, Vlsi Technology Llc V. Intel Corporation. Closing arguments are set to begin in 5-10 minutes. Each side has 90 minutes for closing. Here is the dial-in to listen to the closings in real time. Number: 1-669-254-5252 Meeting ID: 161 923 7157 Passcode: 103154

VLSI v Intel Trial Dial-In

The second trial between VLSI and Intel began this morning in the Waco Federal Courthouse: Case No. 6:21-cv-299, Vlsi Technology Llc V. Intel Corporation. The Court has provided a dial-in for members of the public to call in and listen to the trial proceedings in real time. Number: 1-669-254-5252 Meeting ID: 161 923 7157 Passcode:…

Default Protective Order – Waco Division

The Court now has a default Protective Order for patent cases. The PO can be found under “Courtroom Guidance” on the Court’s website HERE. Prior to this default protective order, Judge Albright had previously recommended that the parties use the default EDTX protective order as a starting point. The new Waco Division default protective order…

Standing Order Re Inter-District Transfers

This week, Judge Albright entered a new Standing Order Regarding Motions for Inter-District Transfer. Here are the key takeaways: Any party who files such motion must provide the Court with a status report—no later than 6 weeks prior to the date of the Markman hearing—stating whether the motion has been fully briefed and is ready…

Naman Howell Member Quoted on Waco’s Changing Patent Litigation Landscape

One of our wonderful contributors, Andy Powell, a partner at Naman Howell Smith & Lee in Waco, was quoted in Law360 discussing the impact Judge Albright has had on the patent litigation scene here in the Waco Division: “He’s very knowledgeable on patent law,” said Naman Howell Smith & Lee PLLC member Andy Powell of…

The $2 Billion Verdict is In!

After more than a week of trial, the jury in VLSI v. Intel, 6:21-cv-57, handed VLSI a win, finding that Intel infringed two patents resulting in a verdict of over $2 billion. This is Judge Albright’s second patent jury trial since taking the federal bench in Waco.

Patent Voir Dire During COVID

Now that the next Waco patent jury trial is less than two weeks away (see previous post HERE), it’s time to discuss Judge Albright’s proposed procedure for the upcoming jury selection. When we were invited to the courthouse to see a demonstration of the new technology (see previous post HERE), Judge Albright discussed his current…

Judge Albright’s First Denial of Intra-District Transfer from Waco to Austin

Judge Albright, who has presided over patent cases in multiple Divisions within the Western District of Texas, appears to have issued his first order denying a motion to transfer venue for convenience from the Waco Division to the Austin Division.  Until this point, he has generally been very open to intra-district transfers for convenience, both…

Federal Circuit Allows Patent Jury Trial to Proceed in Waco, Denying Mandamus Relief

Yesterday, the Federal Circuit denied Intel’s latest petition for writ of mandamus, declining to vacate Judge Albright’s December 31 Order re-transferring Case No. 6:19-cv-254 (now Case No. 6:21-cv-57) back to Waco from Austin (See previous post detailing Intel’s petition HERE). Thus, VLSI Technology LLC v. Intel Corp. appears to be headed to a jury in…

Waco Federal Courthouse Upgrades Technology

Judge Albright graciously invited us in to his courtroom for a tour to learn about the newest courtroom technology and how it will be implemented in the coming months for trials, jury selection, and hearings. Over the past 6 months, major upgrades have been underway to facilitate trial technology, especially in the age of COVID.…