Judge Albright Invalidates Patents Under Alice for the First Time

  • January 9, 2022
  • Category: Patent Litigation Feature

Western District of Texas Judge Alan D. Albright has become well known for his restrictive posture toward certain defensive motions in patent litigation, including convenience transfer motions, requests to stay litigation pending the outcome of America Invents Act (AIA) reviews, and patent eligibility challenges. While Judge Albright has granted such motions to transfer or stay on occasion, he had previously never invalidated a patent under Section 101—but that changed just as 2021 drew to a close. The invalidations capped off a year in which Judge Albright again had more patent litigation fall in his courtroom than any other judge, as noted in RPX’s upcoming fourth-quarter review.

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