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Judge Albright Construes Claim Terms as Mandamus Petition Sits Pending

March 13, 2022

A couple of weeks ago, in the context of multiple suits filed by WSOU Investments, LLC (d/b/a Brazos Licensing and Development) against ZTE, RPX reported on a recent chapter in the tension between Western District of Texas Judge Alan D. Albright’s turn to substantive matters, principally claim construction, and resolution of contested venue issues. ZTE had filed a mandamus petition asking the Federal Circuit to step in and order Judge Albright to transfer those suits to the Northern District of Texas as the West Texas litigation barreled toward a March 3, 2022 Markman hearing, the court having denied ZTE’s motion to await the Federal Circuit’s response. Well, March 3 has come and gone.


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