Analysis

Gilstrap Changes Playing Field With Patent Eligibility Rule

Law360 (August 14, 2019, 7:44 PM EDT) -- Companies being sued for patent infringement in the Eastern District of Texas that plan to argue a patent is invalid as covering an abstract idea will need to have their facts together right out of the gate, thanks to a first-of-its-kind rule that attorneys say appears designed to streamline cases.

Judge Rodney Gilstrap, the chief judge in the district who oversees a sizable portion of the nation’s patent cases, has issued an order requiring accused infringers early in litigation to outline, in detail, any arguments they intend to make regarding patent eligibility.

The order, which various attorneys said was a nationwide first, underscores how common...

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