A&O Shearman ramps up US patent practice with prominent judge

Alan D Albright joins A&O Shearman’s patent group from the federal bench, where he served as a United States District Judge for the Western District of Texas from 2018. In May it became public that the well-known judge would be stepping down from his tenure in Waco at the end of August. For many years the 66-year-old has handled the majority of US patent cases, including many NPE lawsuits. Patent cases filed with the Waco Division automatically landed on his desk.

Following widespread criticism, a redistribution of patent cases amongst all judges in the Western District took place in 2022. Albright’s resignation was a topic of discussion in the patent community. US experts predict a significant shift in patent litigation, not only to the Eastern District Court of Texas, but also to the UPC. With the Western District of Texas no longer serving as a viable venue, the UPC may emerge as an attractive alternative for US non-practising entities, especially those backed by external funding.

Return to private practice

Before his appointment to the federal bench, Albright had spent from 1986 to 1992 and from 1999 to 2018 in private practice as an IP litigator and law firm partner. Albright served as a US magistrate judge in Western Texas from 1992 to 1999 before he moved into private practice as a partner at Bracewell. In 2018, US President Donald Trump nominated Albright for the Waco division at the Western District of Texas. Albright is a Fellow of the American College of Trial Lawyers.

Albright’s hire is part of a broader expansion of A&O Shearman’s US footprint. The firm emerged in 2024 following the transatlantic merger of Allen & Overy and Shearman & Sterling. The latter had been known primarily as a banking and corporate law firm. In US patent law, however, it played only a minor role compared with other major US firms such as Kirkland & Ellis, Quinn Emanuel, and Latham & Watkins.

Since the merger, the firm has pursued a series of lateral partner hires across US offices mainly focussing on antitrust, M&A, restructuring, capital markets, fund finance and international trade.

Strong in Europe

Today, the focus of A&O Shearman’s patent litigation activities lies primarily with the European team. Allen & Overy brought this into the merger. The firm operates with recognised teams in the UK, France and Germany. Its key clients include Bayer, MSD, and Samsung.

The appointment of Albright marks a first step towards catching up with the US market leaders. Further key appointments in the US practice are expected to follow.

“This is a major step forward for our US IP litigation and trial practice,” says Adam Hakki, co-chair of the global executive committee and board and US chair. “Alan’s arrival significantly deepens our trial and disputes capabilities in Austin, across Texas, and throughout the US, while adding great strength to our global IP litigation team.”

Laëtitia Bénard, Paris-based global head of IP litigation, says, “Few, if any, judges in America have handled more patent litigation than Alan. He has presided over many of the country’s most significant IP and technology disputes, and his experience will be invaluable to clients navigating complex cases.”