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`Albright Says He'll Very Rarely Put Cases On Hold For PTAB - Law360
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`Albright Says He'll Very Rarely Put Cases On Hold For PTAB
`By Ryan Davis
`
`Useful Tools & Links
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`Law360 (May 11, 2021, 6:50 PM EDT) -- Western District ofTexas Judge Alan Albright
`on Tuesday detail ed the unusual situations in which he'd stay a patent case to await a
`Patent Trial and Appea l Board decision, but said that even amid the pandemic, he
`believes he can finish cases faster than the board.
`
`Speaking at the American Intellectual Property Law Association's virtual spring meeting,
`Judge Albright, the nation's busiest patent judge, sa id tha t during his two and a half years
`on the bench, he has only put "one or two" cases on hold so t he PTAB can review the
`patent.
`
`While some other j udges routinely stay patent cases until t he board determines whether
`the patent at issue is invalid, Judge Albright said he sees no reason to do so in most
`instances, since he schedules t rials so quickly that t hey'll likely be over before the board
`rules.
`
`"We look at every request carefully," he said, and litigation will be put on hold "if there's a
`situation w here it would make really good sense to stay a case."
`
`However, Judge Albright said to date he has only done that w hen t he plaintiff has first
`sued other companies over a patent in a different district, and the defendant in that case
`has initiated a PTAB review t hat is well underway by the time another company is sued in
`the Western District of Texas.
`
`In tha t scenario, where "the PTAB process is already down the road and it looks like that
`would be the most prudent way to do it, that's fi ne and I would defer" to the board,
`Judge Albright said in response to questions from moderator Sharon Israel of Shook
`Hardy & Bacon LLP, a former AIPLA president.
`
`In just about every other case, though, Judge Albright said he has scheduled cases to go
`to trial w ithin 24 months of w hen t he complaint is fi led. As a result, he said he doesn't
`see t he need to wait for the PTAB to rule on a defendant's challenge to the patent, since
`the board typically makes decisions in 18 months.
`
`He noted t hat while "COVID has certa inly interrupted our t rial process," he's still
`scheduling trial dates for two years out, as he said in prepandemic times was his goal.
`
`Noting that his docket current ly has 1,250 civil cases, about 60% of w hich are patent
`cases, he added tha t "my belief is that if someone files a paten t case, they're enti tled to
`have a jury trial;' but that t he quick trial dates also encourage parties to reach
`settlemen ts.
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`Document title: Albright Says He'll Very Rarely Put Cases On Hold For PTAB - Law360
`Capture URL: https://www.law360.com/articles/1381597/albright-says-he-ll-very-rarely-put-cases-on-hold-for-ptab
`Capture timestamp (UTC): Wed, 09 Mar 2022 15:01:12 GMT
`
`Page 1 of 3
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`scheduling trial dates for two years out, as he said in prepandemic times was his goal.
`
`Noting that his docket currently has 1,250 civil cases, about 60% of w hich are patent
`cases, he added t hat "my belief is that if someone files a patent case, they're entitled to
`have a jury trial;' but that t he quick trial dates also encourage parties to reach
`settlements.
`
`Judge Albright said his impression is that the PTAB was created by t he America Invents
`Act in 2011 due to concerns t hat patent cases in district court were taking too long and
`that there needed to be a faster forum. He said t hat is what he's t rying to provide in his
`
`court.
`
`"It seems to me that it's beneficial to all parties to have a docket w here the case gets
`resolved in the same manner it would in the PTAB, meaning in a relatively sane period of
`time," he said. "I've never heard anyone who's said in any civil case, 'Gosh, I w ish th is
`judge would spend another three years worki ng on t his case."'
`
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`Judge Albright alluded to the possibility t hat his current practice could be challenged at
`the Federal Circuit.
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`J.
`
`"I may get guidance from t he people w ho grade my papers at some point t hat that's not
`the right approach, but as of right now, I haven't gotten that guidance," he said.
`
`He also noted that he has no reservations about the PTAB system itself, saying that
`"everyone I know who sits as a PTAB judge is a thousand times smarter than me. They're
`great lawyers and I think it's a very good system."
`
`One of t hose judges, PTAB Chief Judge Scott Boa lick, was on the panel with Judge
`Albright and fielded questions about the board's current practice of exercising its
`discretion not to review patents when a trial is looming in district court, often in Judge
`Albright's court room.
`
`Judge Boalick said he was const rained about w hat he can say about the policy, which is
`the subject of pending litigation by Cisco, Apple and other tech nology giants w ho say it
`unfairly limits the ability of accused infringers to challenge patents at the board. He said
`the board is currently reviewing t he practice and the more t han 800 public comments
`that were submitted about it last year.
`
`"We've read through all of t hem and we're currently pondering our next steps," Judge
`Boa lick said. "I don't have definitive next steps for you right now, but we are looking at a
`w hole range of options."
`
`--Editing by Alanna Weissman.
`
`For a reprint of this article. please contact reprints@law360.com.
`
`OComment s
`
`Scott Skiles
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`Document title: Albright Says He'll Very Rarely Put Cases On Hold For PTAB - Law360
`Capture URL: https://www.law360.com/articles/1381597/albright-says-he-ll-very-rarely-put-cases-on-hold-for-ptab
`Capture timestamp (UTC): Wed, 09 Mar 2022 15:01:12 GMT
`
`Page 2 of 3
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`

`

`"I may get guidance from t he people w ho grade my papers at some point that that's not
`the right approach, but as of right now, I haven't gotten that guidance," he said.
`
`He also noted that he has no reservations about the PTAB system itself, saying that
`"everyone I know who sits as a PTAB judge is a thousand times smarter than me. They're
`great lawyers and I think it's a very good system."
`
`One of t hose judges, PTAB Chief Judge Scott Boa lick, was on the panel with Judge
`Albright and fielded questions about the board's current practice of exercising its
`discretion not to review patents when a trial is looming in district court, often in Judge
`Albright's courtroom.
`
`Judge Boalick said he was const rained about w hat he can say about the policy, which is
`the subject of pending litigation by Cisco, Apple and other technology giants w ho say it
`unfairly limits the ability of accused infringers to challenge patents at the board. He said
`the board is currently reviewing t he practice and the more than 800 public comments
`that were submitted about it last year.
`
`"We've read through all of them and we're currently pondering our next steps," Judge
`Boa lick said. "I don't have definitive next steps for you right now, but we are looking at a
`w hole range of options."
`
`--Editing by Alanna Weissman.
`
`For a reprint of this article. please contact reprints@law360.com.
`
`OComments
`
`Scott Skiles
`Your name will appear next to your comment. If you do not disclose your full name. yoix comment will be deleted. Your email address
`will not be visJJle to the public.
`
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`Document title: Albright Says He'll Very Rarely Put Cases On Hold For PTAB - Law360
`Capture URL: https://www.law360.com/articles/1381597/albright-says-he-ll-very-rarely-put-cases-on-hold-for-ptab
`Capture timestamp (UTC): Wed, 09 Mar 2022 15:01:12 GMT
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