Federal Circuit: “Judge Albright Invalidated Too Many Patents”

That got your attention, didn’t it? But this case encapsulated the difference between difference between the “conventional wisdom” about Texas patent judges and reality. In WSOU v. Google, 2022-1063 (10/19/23), the Federal Circuit affirmed Judge Albright’s decision to invalidate one patent as indefinite, but reversed his decision to invalidate another. And as practitioners know, Judge Albright also granted the defendant’s motion for judgment as a matter of law during this same plaintiff’s trial last month in Waco, sending the jury home, and also was affirmed by the Federal Circuit a few weeks earlier for invalidating yet another of WSOU’s patents. It’s the rare article about Judge Albright in which the reporter doesn’t characterize him as “plaintiff friendly.” None of the articles about these developments characterized him as “defendant friendly” – which would be equally inaccurate – but they also don’t note the dissonance between how he is typically described and, um, reality. Plaintiffs do win in his court. So do defendants. Might have something to do with the merits.