Podcast: Derek Gilliland, western Texas’s newest patent judge

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Podcast: Derek Gilliland, western Texas’s newest patent judge

Derek Gilliland, the Western District of Texas's new magistrate judge

Derek Gilliland, who became a magistrate judge at the Western District of Texas this month, delves into his work, thoughts on Alan Albright and ambitions

The US doesn’t have intellectual property specialist judges as such, but some are more patent-focused than others.

One of those judges is Derek Gilliland, a former patent litigator turned magistrate judge for the District Court for the Western District of Texas, the US’s busiest forum for patent litigation.

Gilliland was tapped for the job by the court’s de-facto patent judge Alan Albright in November 2021, and he started at the court this month. He was brought on to help Albright with Markman hearings, motions for summary judgment or transfer, and, most importantly, discovery motions.

In a new and exclusive podcast, Gilliland tells Managing IP that he’s found the work to be fascinating.

“Right now, one of the most interesting parts of the job is the variety of technical subject matters involved – everything from light bulbs to computer software and hardware. That’s a lot of fun.

“Another that’s struck me has been that the discovery disputes have all involved things I’ve dealt with as a lawyer on one side or the other in the exact same argument. It’s been interesting to see that from the judge’s perspective.”

Gilliland adds that it’s also been great working with Albright over the past month.

“Anyone that knows [Albright] would expect that his management style is very high level. When he refers a case to me, that’s my case – he’s not asking me questions about it or telling me how to do it.

“But we spend a fair amount of time together chatting and going for walks. I need to get my bike over there so we can go for rides together.

“It’s like working for a friend and mentor, but also someone who isn’t going to micromanage everything.”

Turning to the point of how he would like to expand his role at the court, Gilliland says he’s hoping to get the green light to try some cases in the near future.

“The parties have to agree to let me be the trial judge – I can currently do everything except that. I’m really hoping to get some consent because I’d love to try some cases.”

The magistrate judge also shares his thoughts on the ‘controversial’ reputation of the court, helping to manage around 1,000 patent cases a year, and how litigants should conduct themselves.

Here’s the podcast:


 

more from across site and SHARED ros bottom lb

More from across our site

While many firms remain focused on generative AI, recent hires and practice launches suggest the next battle may be for lawyers who understand how AI is moving into the physical world
The explosion of data centres has prompted patent pool operators to create new licensing opportunities
The court struck out copyright claims brought by Ladbrokes owner Entain, saying that ownership details should have been completed before litigation began
Düsseldorf has overtaken Munich as the UPC's busiest division, while firms including Winston Taylor, Clifford Chance, and Hoyng Rokh Monegier featured in disputes involving Abbott, Essity, Amazon and Hurom
The managing partner gave up an equity partnership track in New York to build a practice in India. More than a decade later, she discusses entrepreneurship, leadership, and why women should not wait before taking the next step
Vice presidents Shinya Jitsuhiro and Hirohisa Suzuki discuss litigation trends in Japan, recruitment challenges and clients’ international expansion
IP boutique Petillion represented IKEA in the dispute, which concerned the use of the multinational’s trademarks in an immigration-focused campaign. The firm tells Managing IP how it secured the outcome
The Pizzeys-Griffith Hack integration was designed to create a stronger Australian IP platform but with several ex-Pizzeys principals now gone, the deal's success may depend on where clients place their trust
Thomas Lonsdale and Hsu Min Chung of HGF explore the practical impact of the EPO’s Enlarged Board of Appeal’s decision in G1/25 and its interplay with G1/24
The firm’s recent IP hire and launch of a new robotics industry group signal an effort to capture work emerging from AI entering the physical world
Gift this article