Alice Bounces eDekka Patent In East Texas

separator

Alice Bounces eDekka Patent In East Texas


The judges of the Eastern District of Texas have not been the most welcoming in the country to the early application of Alice v. CLS Bank—the Supreme Court opinion that lays out the two–step test for determining whether a patent should be voided because it claims abstract ideas, not inventions—in patent litigation. But the winds of change may be blowing across the east Texas plains.

In a host of consolidated lawsuits filed by eDekka, LLC, Judge Gilstrap of the Eastern District of Texas held an early oral argument on a collection of pending motions to dismiss filed by a number of defendants. [Full disclosure: one of the defendants was a client.] Just a couple of weeks later, on September 21, 2015, the judge granted the defense motions in their entirety. Then today, September 22, 2015, he issued an order directing non–settling defendants who had filed successful motions to dismiss to collectively brief whether they were entitled to attorneys’ fees under the “exceptional case” standard of 35 U.S.C. § 285. Of course, asking for briefing is not promising a result, but the speedy grant of the motions to dismiss and the unprompted request for briefing on fees may signal more of an openness to Alice motions, at least in some cases, than previously appeared.

Print Friendly, PDF & Email
separator

No comments so far!

separator

Leave a Comment