Judge Alan Albright to Resign from Western District of Texas in August, Reshaping U.S. Patent Litigation

Judge Alan Albright of the Western District of Texas (WDTX) has confirmed that he will leave the federal bench at the end of August 2026 to return to private practice. Bloomberg Law first reported the news on April 21, 2026, and Albright subsequently confirmed the decision.

Albright told Bloomberg Law that he missed being a trial lawyer and that nearly 67, the timing felt right to make the transition. He has served on the bench for eight years since receiving his commission in 2018.

The Rise of the Waco Division as a Patent Hotspot

Albright, a former patent litigator, was nominated by then-President Donald Trump and assumed his seat in the Waco Division of the Western District of Texas in 2018. Because the division initially had only one district judge, every patent case filed there landed with Albright. His distinctive case management practices — including tight scheduling orders, early and active engagement at claim construction, and a stated preference for jury trials — attracted patent plaintiffs from across the country.

Patent tracking firms reported that in 2020 and 2021, roughly one in five patent infringement cases filed in the United States was docketed in the Waco Division. The concentration drew both praise from patent owners who valued the predictable, expeditious process and sharp criticism from defendants and commentators who characterized it as forum shopping enabled by a single judge’s preferences.

Chief Judge Orlando Garcia of the Western District responded in July 2022 by issuing a standing order requiring all new Waco patent cases to be randomly assigned among twelve WDTX judges, effectively breaking the de facto assignment monopoly Albright had held. Albright’s patent caseload declined substantially thereafter.

Waiting for Successors Before Announcing

Albright stated that he delayed his announcement until the Trump administration’s nominees for open vacancies in the Waco and Austin divisions were confirmed by the Senate. Chris Wolfe and Andrew Davis were recently confirmed to fill those seats, and Albright said he felt comfortable making his exit known once judicial continuity was secured.

Albright told Law360 that he had worked during his eight years on the bench to become a better judge in the courtroom. He did not disclose his destination in private practice, though his background as a patent litigator suggests he will likely return to the IP-specialist bar.

Implications for U.S. Patent Litigation Strategy

Albright’s departure will reverberate across the U.S. patent litigation landscape. Patent owners who selected the WDTX specifically for Albright’s docket management style will need to reassess their forum strategy. Cases currently pending before Albright will be reassigned, and the caseload distribution among WDTX judges is expected to shift.

Other historically significant patent venues — including the Eastern District of Texas (EDTX), the District of Delaware (D. Del.), and the Northern District of California (NDCA) — are expected to see renewed attention as plaintiffs re-evaluate their filing strategies. The degree to which WDTX maintains its attractiveness as a patent forum will depend heavily on how the newly confirmed judges Wolfe and Davis approach patent cases.

For patent litigators, the practical priorities are immediate: reviewing existing Waco cases for potential reassignment implications, and adjusting the venue analysis used in filing new infringement actions. Defendants currently sued in WDTX may also find that transfer motions carry different calculus with a new roster of judges on the bench.

Albright’s tenure demonstrated that a single judge’s approach can dramatically reshape the geography of patent litigation in the United States. The institutional lesson — that forum selection pressure responds rapidly to individual judicial characteristics — will remain relevant regardless of how the Waco docket evolves after August 2026.