J. Crew Wins Summary Affirmance In Patent Dispute With Intellectual Ventures

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J. Crew Wins Summary Affirmance In Patent Dispute With Intellectual Ventures


On November 20, 2017, the Federal Circuit Court of Appeals summarily affirmed the invalidity of two patents asserted against J. Crew by Intellectual Ventures without opinion, just two weeks after hearing oral argument from Partner David Swetnam–Burland. In August 2016, Judge Rodney Gilstrap of the Eastern District of Texas granted J. Crew’s motion to dismiss Intellectual Ventures’ claims under the two patents on the ground that they attempted to claim abstract ideas, which is prohibited under the Supreme Court opinion in Alice v. CLS Bank. On appeal, the Federal Circuit agreed, affirming Judge Gilstrap’s judgment in favor of J. Crew, which was also represented in the litigation by Peter J. Brann and Stacy O. Stitham.

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