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

Patent and trademark practitioners say arrival of barrister will help maintain the UK's reputation as a leading forum for complex IP disputes
Qantm CEO speaks to Managing IP about the business's first deal since it was acquired by a private equity firm and explains why top-tier Malaysian firm Henry Goh & Co was the group's ‘plan A, B and C’
György Pintz, founder of Pintz & Partners, talks through the challenges of founding a firm and explains why lawyers and table tennis players have more in common than you might expect
Kate Nuehring Su, partner at Marshall, Gerstein & Borun, explores a successful PTAB appeal and why the Federal Circuit reached an opposite outcome on the same doctrine
From BTS to Squid Game and kimchi to memory chips, the Korean wave is reverberating around the world and IP work is also seeing a boom, say two Yoon & Yang partners
Managing IP will host a ceremony in Kuala Lumpur on November 5 to reveal the winners
Recent lateral moves raise a bigger question for full-service firms – can patent litigation remain a strategic priority when competing practices generate larger profits?
As counterfeiters grow increasingly sophisticated, Gibson Dunn is differentiating its trademark practice through a focus on payment tracing, judgment enforcement and asset recovery
Anita Polott, who is celebrating three decades at Morgan Lewis this year, reflects on career progression, stepping into unfamiliar territory, and leadership frameworks
Technical excellence remains essential, but many firms are discovering that packaging IP with complementary practice areas can unlock new clients and a stronger competitive position
Gift this article