from the because-of-course dept
With the transformation of his Waco courtroom into the venue for greater than 25% of all patent instances in the US, Choose Albright can’t sustain with all of the enterprise he’s “drummed up” for his courtroom. He’s made heavy use of technical advisors—one in every of whom made greater than $700,000 within the first half of 2021 alone—in addition to deferring virtually all non-patent instances to his magistrates for all pre-trial proceedings.
However even with a Justice of the Peace and technical advisors, it looks as if Choose Albright wants extra assist managing the patent docket he created in Waco. Earlier this yr, the Judicial Convention licensed a second Justice of the Peace decide for the Waco courtroom. And Choose Albright has arrived at his choice for that function, naming litigator Derek Gilliland to the place.
Gilliland is a Texas lawyer, most lately working out of Tyler within the Jap District of Texas. However Gilliland hasn’t been a stranger to Waco. Most lately, he was plaintiff’s counsel in a number of NPE (Non-Practising Entity) lawsuits in entrance of Choose Albright. Two of them stand out as notably noteworthy.
Within the first case, Gilliland helped symbolize Profectus in its lawsuit towards Google. At trial, a jury discovered Google didn’t infringe the patent. This most likely wasn’t a shock to Gilliland—in spite of everything, Profectus had beforehand unsuccessfully asserted the identical patent towards Apple, Samsung, and Dell.
However it’s the second case that basically drives house the priority with Gilliland. Gilliland represented Ikorongo in its litigation towards Samsung. And in that litigation, Ikorongo engaged in a “bald-faced try to govern venue,” enjoying video games with task of its patent to attempt to maintain the case from being transferred out of Choose Albright’s courtroom. The Federal Circuit rejected this tactic as “collusive,” “synthetic,” and “manipulative.” (CCIA filed an amicus transient on this case arguing that Ikorongo’s venue manipulation ways had been impermissible.)
These aren’t the one examples, solely the newest ones. Gilliland has additionally usually represented hedge-fund backed NPEs like Mental Ventures and Fortress subsidiary DSS.
Charged with discovering a Justice of the Peace who would have interaction within the “expeditious, correct, and neutral efficiency of their duties as judicial officers,” Choose Albright chosen a plaintiff’s lawyer who most lately represented a consumer who engaged in collusive and manipulative ways to attempt to maintain their case in entrance of Choose Albright and one other consumer who asserted a patent that had been repeatedly rejected.
Should you had been on the lookout for a strategy to “undermine public confidence within the impartiality of the judiciary,” it’d be exhausting to consider a greater one.
Initially posted to Patent Progress and reposted with permission.
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