Mass. Federal Court Invalidates Eight Patents Asserted Against Wayfair

On August 16, 2023, U.S. District Judge Nathaniel M. Gorton of the District of Massachusetts issued an order granting the vast majority of a motion to dismiss filed by Brann & Isaacson on behalf of its client, Wayfair. The plaintiff, a non-practicing entity called Alto Dynamics, asserted nine now expired patents against Wayfair in a case it filed in Austin, Texas. Wayfair, represented by Peter J. Brann, David Swetnam-Burland, and Stacy O. Stitham, successfully moved to transfer the case to Massachusetts. The B&I team also moved to dismiss all claims against Wayfair on the ground that none of the nine asserted patents claimed patentable subject matter. Judge Gorton agreed with Wayfair with respect to eight of the nine asserted patents, concluding they are invalid. The judge found a potential fact issue prevented him adjudicating the validity of the ninth patent at this stage of the litigation.