Judge Gilstrap Rewrites Rules For Alice Motions In Texas

Law360, New York (November 12, 2015, 4:31 PM EST) -- Parties looking to challenge the validity of a patent under Alice before the start of a claims construction hearing in the Eastern District of Texas will no longer have to seek the court’s permission before doing so, U.S. District Judge Rodney Gilstrap has ordered.

Under the new process, lead counsel must now meet solely with each other to discuss whether claims construction is needed prior to one side filing a motion seeking to invalidate patents under Alice, a 2014 U.S. Supreme Court decision that held that abstract ideas implemented using a computer are not patent eligible under Section 101 of the...

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