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Judge Albright Denies Convenience Transfer Motion Three and a Half Years Later

February 16, 2025

Western District of Texas Judge Alan D. Albright recently docketed a public version of an order that denied Apple a transfer for convenience (to the Northern District of California) a case filed by Proxense, LLC against it. As RPX reported last week, that order, among other things, seems to invite an appeal, to sort out an apparent conflict between Fifth and Federal Circuit law concerning how the relative congestion between the current and proposed courts can be weighed, particularly in NPE cases. Six days later, Judge Albright has denied Apple (together with Qualcomm) another convenience transfer, this one opposed by a plaintiff that has encouraged the court to disregard Federal Circuit guidance where it conflicts with the Fifth.


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