Alan Albright, the former judge who presided over patent cases in the Western District of Texas, joined the Austin office of A&O Shearman in September. The 66-year-old stepped down from the bench in August and now leads the firm’s transatlantic patent group alongside Munich-based partner Jan Ebersohl. Albright handled the majority of US patent cases during his time on the bench, including many non-practicing entity lawsuits.
Building a Global Practice
A&O Shearman is actively expanding its US patent litigation team under Albright’s leadership. The firm plans to add new attorneys to the practice and has tasked Albright with promoting its capabilities to current and prospective clients. The strategy relies on creating integrated teams that span the US, the UK, and Germany to serve international clients more effectively.
Albright stated that he was surprised by the volume of in-house counsel reaching out to him shortly after joining. This interest suggests a strong demand for the combination of his judicial experience and the firm’s international network.
While the team grows, the firm is focusing on concrete client service rather than broad marketing. Lawyers from the US, UK, and Germany are conducting joint visits to clients and prospects to build relationships. This hands-on approach aims to translate the firm’s structure into tangible legal support for businesses operating across borders.
Albright believes his eight years on the bench provide a unique advantage in advising clients. He noted that he can now offer counsel that looks beyond immediate advocacy to long-term strategic forecasting, a perspective he lacked as a pure advocate. He plans to return to the courtroom regularly, aiming to preside over three or four federal trials before the end of 2027.
Despite the firm’s ambitions, A&O Shearman is still viewed as a challenger in the US market rather than a market leader. Albright acknowledged that he had been surprised by the firm’s capabilities when he joined. He expects the market will be surprised by the group’s growth over the coming months as more lawyers express interest in moving to the practice.
AI and the Shift in IP Hubs
The interview touched on the changing conditions of global patent litigation, particularly the rise of artificial intelligence. Albright stated that the explosion of AI is changing everything in the industry. He observed a significant shift in the most important centres for intellectual property, with courts in Europe and China gaining prominence alongside the traditional US hubs.
However, Albright noted that US patent trial lawyers remain focused on domestic venues. He suggested that if asked to name the best places to file in the United States, the answer would still likely be Eastern District of Texas, Delaware, or the Northern District of California. The international environment, while changing, has not yet overtaken the domestic priorities of American practitioners.
Albright did not see the Unified Patent Court having a major impact on US litigation. He remains uncertain about the size of the demand among US plaintiffs for injunctions via the UPC, as most cases focus on damages rather than licensing pressure.
Albright also addressed the dispute between UK and UPC judges regarding jurisdiction in the InterDigital vs Amazon case. He followed the case but believes it has no impact on current US District Court judges. He noted that such conflicts are rare in the US, where injunctions are infrequently sought, limiting the potential for interplay between US and European judicial systems.
Future Trends and the PTAB
Patent holders and patent trolls evaluate the Patent Trial and Appeal Board of the USPTO when deciding where to file cases. The philosophy of whether or not the board institutes PTAB proceedings comes from the executive branch. The source notes that the board’s approach has changed between administrations.
Arbitration and Global Litigation Trends
Albright suggested arbitration might be a good method for setting a FRAND rate if skilled arbitrators are available. He stated arbitration would only occur if parties agreed to it. He believes arbitration is unlikely to happen in the United States. Albright noted there are few FRAND cases in the US.
