Marshall, Texas – Patent infringement lawsuits have seen a notable rise in the Eastern District of Texas, defying a national trend of declining cases. According to a report from Lex Machina, U.S. District Judge Rodney Gilstrap handled 795 new patent lawsuits in 2024, significantly outpacing other federal judges in the country.
This figure is more than six times that of the next highest judge, U.S. District Judge Alan Albright of the Western District of Texas, who oversaw 124 new patent disputes. Albright’s court, which once saw over 700 cases in 2022, has also faced a sharp decrease in recent years. This change is notable as the Western District, once a leader in patent litigation, has seen its docket shrink by 57% from the previous year.
Beyond Gilstrap and Albright, several other Texas judges also rank among the top ten for new patent cases. U.S. District Judges Robert Schroeder III, Robert Pitman, and Amos L. Mazzant have appeared prominently in litigation statistics, illustrating Texas’s dominance in this area of law. Judge Schroeder, in particular, has experienced a dramatic increase in cases, with his patent docket growing from 25 in 2022 to 153 in 2023.
Lex Machina’s annual report monitors patent litigation trends, detailing cases initiated by various law firms, the representation of defendants, and judicial outcomes. Across the United States, patent infringement cases have decreased over the last decade, dropping from 5,805 in 2015 to 3,115 in 2023. However, there was a rebound in 2024, with 3,806 new cases recorded.
The Western District of Texas, historically significant for patent disputes since Judge Albright’s appointment in 2019, has had its standing altered by new court procedures. A 2022 directive mandated the random assignment of new patent cases, a move that has contributed to the declining number of cases in that district.
Conversely, the Eastern District of Texas, originally recognized for its efficiency in processing patent cases, has regained its status as a main hub for such lawsuits. The district reported an increase in its patent docket from 470 cases in 2022 to 1,069 in 2024, now accounting for one in five patent infringement lawsuits filed in the nation.
Lex Machina’s Jason Maples emphasized that damage awards in patent disputes have also risen, totaling over $4.3 billion in 90 cases in 2024. This marks a 20% increase compared to the previous year. Maples suggests that plaintiffs are increasingly choosing the Eastern District as uncertainty grows around case assignments in the Western District.
Law firms in Texas are playing a significant role in these legal battles. The report highlights three firms, Garteiser Honea in Tyler, Devlin Law Firm in Dallas, and McKool Smith in Dallas, ranking among the top ten for filings on behalf of plaintiffs. Additionally, several firms defending patent disputes, such as Fish & Richardson and DLA Piper, maintain offices in North Texas, further solidifying the region’s legal landscape.
This surge in patent litigation and the shift in preferences among plaintiffs illustrate the dynamic nature of the legal environment in Texas. The Eastern District of Texas continues to capitalize on its historical reputation, adapting to trends and changes in litigation practices, while the Western District navigates the complexities introduced by recent procedural reforms.
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