Thursday, May 26, 2022 7:17:00 PM
Digging into the venue transfer issue, found Judge Albright's order on inter-district transfer that may be helpful.
https://www.txwd.uscourts.gov/wp-content/uploads/Standing%20Orders/Waco/Albright/Standing%20Order%20Regarding%20Motion%20For%20Inter%20District%20Transfer%20032321.pdf
STANDING ORDER REGARDING MOTION FOR INTER-DISTRICT TRANSFER
"Henceforth, all parties who have filed motion(s) for inter-district transfer are required to provide the Court with a status report with respect to whether the motion(s) has been fully briefed and ready for resolution no later than six weeks prior to the date of the Markman hearing that is scheduled in that case. With respect to any parties who have such motion(s) pending at the time of the entry of this Standing Order and a Markman hearing scheduled for a date that is less than 6 weeks from the date of the entry of this Order, the Court ORDERS the party who has filed the motion to provide the same status report as quickly as is reasonable, but in no case more than five business days after the entry of this Order."
For May 17 Markman hearing, the status report should have been provided to the the Court by April 5 to meet the six week deadline. There has been no hearing nor ruling on venue so far.
By the way, a district court judge's has the discretionary 1404(a) transfer decision.
If you like to get into "the weeds of the venue issue" the following article talks about two cases specific to Judge Albright. Judge Albright denied transfer in both cases. One of the two cases went to Supreme Court. Judge Albright is hates "docket congestion" and wants to move fast with the cases to end in 18-24 months.
https://www.mondaq.com/unitedstates/patent/1068590/should-i-stay-or-can-i-go-recent-developments-regarding-venue-transfer-in-the-western-district-of-texas
United States: Should I Stay Or Can I Go: Recent Developments Regarding Venue Transfer In The Western District Of Texas
14 May 2021
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