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 2025

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

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

Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
The keenly awaited ruling should act as a ‘call to arms’ for a much-needed evolution of UK copyright law, says Rebecca Newman at Addleshaw Goddard
Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO
Andrew Blattman, who helped IPH gain significant ground in Asia and Canada, will leave in the second half of 2026
The court ordering a complainant to rank its arguments in order of potential success and a win for Edwards Lifesciences were among the top developments in recent weeks
Frederick Lee has rejoined Boies Schiller Flexner, bolstering the firm’s capabilities across AI, media, and entertainment
Nirav Desai and Sasha S Rao at Sterne, Kessler, Goldstein & Fox explore how companies’ efforts to manage tariffs by altering corporate structures can undermine their ability to assert their patents and recover damages
Monika Żuraw, founder of Żuraw & Partners, discusses why IP should be part of the foundation of a business, and taking on projects that others walk away from
Lawyers say attention will turn to the UK government’s AI consultation after judgment fails to match pre-trial hype
Gift this article