O'Melveny Insights 2023

40 Despite an abrupt mid-year judicial order reassigning Western District patent cases—a change many observers thought would cut off the district’s steady flow of patent litigation—the change so far has not been as dramatic as some expected. But more changes likely to come in 2023 could further alter the landscape. For the first half of 2022, Judge Alan Albright of WDTX presided over all patent cases filed in the Waco Division—roughly 95% of patent cases in the district, and nearly one quarter of patent cases nationwide. But in an unexpected July 25 order, WDTX Chief Judge Orlando Garcia changed how judges are assigned to patent cases filed in Waco. The order, which applies only to cases filed in Waco, assigns cases randomly to 12 judges across the district. 32 10