One of the public interest factors to be considered in a convenience transfer analysis is relative court congestion. The Federal Circuit has repeatedly corrected how Western District of Texas Judge Alan D. Albright has assessed time-to-trial stats, most frequently set against those from the Northern District of California, in last year’s In re Google decision instructing that “this factor should not weigh against transfer when the plaintiff ‘is not engaged in product competition in the marketplace and is not threatened in the market in a way that, in other patent cases, might add urgency to case resolution’”. Over in the Eastern District of Texas, Chief Judge Rodney Gilstrap has rejected a motion for reconsideration of a denial of a convenience transfer motion through an underlying order that makes clear that while he “finds it odd to consider the marketplace status of the parties in assessing this public interest factor related to court congestion”, a district court is bound by In re Google “to afford this factor no weight”.