U.S. District Judge Rodney Gilstrap
PLANO - The Eastern District of Texas is once again the top spot for patent litigation, according to a recently released Lex Machina report.
The 2025 Patent Litigation Report shows a strong resurgence in 2024, with more than $4.3 billion in damages awarded and a rebound of more than 20 percent in case filings – driven largely by increases in design patent lawsuits and Abbreviated New Drug Application (ANDA) litigation.
Once dubbed the rocket docket, the Eastern District ranks as the most active venue for patent litigation, according to the report, with the bulk of the cases being assigned to Judge Rodney Gilstrap.
Albright
A total of 795 patent cases were filed in Gilstrap’s court, the most of any judge, while Judge Alan Albright of Texas’ Western District came in second with 124 patent cases filed in his court.
Albright, a former patent attorney, was formerly the top spot for patent litigation until a 2022 order ensured cases would be assigned randomly in the Western District, leading attorneys to once again look to the Eastern District to file patent litigation.
“Judge Gilstrap has had over nine thousand patent cases brought before him in the last decade,” said Di Rivera, Esq., patent practice area lead at Lex Machina. “For many years, he presided over the most patent cases of any district judge prior to Judge Albright's rise.
“Although the reallocation of Judge Albright’s cases might prompt discussions about doing the same for Judge Gilstrap, the practical reality remains that most companies and law firms involved in patent litigation prefer an experienced judge who delivers relatively consistent and forecastable outcomes.”
Before the 2017 Supreme Court decision in T.C. Heartland, patent infringement plaintiffs consistently favored the Eastern District as their forum of choice.
“However, from 2018 through 2023, filings increasingly shifted to the Western District of Texas and the District of Delaware,” the report states. “Although these three venues continue to lead in US patent litigation case load, the Eastern District of Texas’s emphatic return to the top is remarkable.”
Rivera told The Record that it’s reasonable to expect that the shift back towards filing patent lawsuits in the Eastern District will persist unless “significant” changes are made to local case-assignment procedures.
“That said, having fewer courts handle patent cases means that litigants and legal teams must travel to often-far locations, rather than opting for less costly local trial options,” Rivera said. “It also entails more congested court calendars and concentrates expertise in a limited number of trial judges, potentially narrowing the range of perspectives applied to legal arguments in patent cases.”
From 2022 through 2024, a total of 2,166 cases were filed in the Eastern District. The Western District came in second at 1,772 cases and Delaware finished third with 1,491 cases.
Rivera said most companies that frequently file patent lawsuits tend to favor courts not only for their proximity to preferred law firms or expert witnesses, but also for the assurance that their cases will be heard by a judge with extensive patent litigation experience.
“Such judges are valued by counsel for both patent plaintiffs and defendants for their efficient courtroom management and adherence to well-established local rules and guidelines that many practitioners understand thoroughly,” he added.
The report analyzes key activity across federal district and appellate courts, as well as the Patent Trial and Appeal Board (PTAB). It is designed to empower legal professionals with unique, data-driven visibility into patterns involving courts, judges, parties, law firms, and attorneys.
Lex Machina, a LexisNexis company, provides strategic insights on judges, lawyers, law firms, parties, and other critical information across 22 federal practice areas and a rapidly growing number of state courts.
