I enjoyed participating in Judge Alan Albright’s first patent scheduling conference last week, although candidly I’d have enjoyed it more if it’d been in person in Waco where I could have snagged some lemon-lavender donut holes from Magnolia Table and checked in on Grayson James on the way home. But I was able to order a mug with Judge Albright’s picture above on it through the Waco paper to commemorate the hearing, so there’s that.
Did I mention we just got orders?
Late last week, Judge Alan Albright issued an order governing patent proceedings in his court in the Waco Division of the Western District of Texas, and I wanted to take a few moments to go through the provisions and compare them to provisions in other courts in the area. To my knowledge they have not yet been incorporated into any patent case scheduling order, but that will likely change soon, as I have a scheduling conference with Judge Albright Friday morning, and pursuant to the Court’s direction we are submitting discovery and docket control orders for our case based on that new scheduling order. So I’ll be posting those soon.
The tempo is picking up on Judge Albright’s Waco patent docket, with this order last week denying a motion to dismiss that raised a patentable subject matter defense.
It’s not from the Eastern District of Texas, but it’s nonetheless another interesting example of a motion to dismiss a patent case for lack of patentable subject matter early in the litigation.