Analysing the Eastern District of Texas's approach to Alice motions

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Analysing the Eastern District of Texas's approach to Alice motions

August 03 2015
Judge Gilstrap

After giving hope to defendants in March with a rare granting of a motion seeking patent invalidity on 101 grounds, the Eastern District of Texas has since doubled down on its aversion to them, including Judge Gilstrap issuing an order making it harder to even file a motion

Unlock this content.

The content you are trying to view is exclusive to our subscribers.

To unlock this content:

Take a Free Trial or Login

Topics

NewsUnited StatesPatentsNorth AmericaJurisdictions
more from across site and SHARED ros bottom lb

More from across our site

Patents
A judge's gavel rests on a sound block with a blurred Chinese flag in the background, symbolizing law and justice in China.
Overturning Chinese invalidation decisions: timelines and procedures
In the first of a two-part article, lawyers at Spruson & Ferguson and Marshall Gerstein provide an overview of China’s system for appealing against patent invalidation decisions
Siqi Wang, March 23 2026
Patents
The Statue of Liberty over the Scene of New york cityscape river
‘Always work in tandem’: how IP is driving corporate deals
Lawyers and corporate leaders at INTA’s Business of M&A conference in New York discussed how cross-practice collaboration and early in-house involvement can help deals
Sanjana Mishra, March 23 2026
Patents
li_lily_press_3800x4600.jpg
Preservation and persuasion: inside Morrison Foerster’s ITC victory against GoPro
Lily Li, partner at Morrison Foerster, shares how her litigation team helped secure victory at the ITC in a patent infringement case
Sanjana Mishra, March 23 2026
Trademarks
wto.jpeg
This week on MIP: WTO to vet China’s royalty-setting practices | OpenAI, Anthropic sued again
Top talking points also included news of an appellate ruling concerning ‘Pisco’ and Indian drugmakers gearing up to launch generic versions of Ozempic as Novo Nordisk’s patent expires
Sukanya Sarkar, March 20 2026
Copyright
Westminster, London
Weekly take: UK’s AI copyright policy shows promise, but gaps remain
The government’s keenly awaited view on AI and copyright has positive themes but leaves rights owners wanting, says Rebecca Newman at Addleshaw Goddard
Rebecca Newman, March 20 2026
Patents
Australia on globe.jpg
IP Australia update raises hope for computer invention patentability
While IP Australia’s updated manual could be favourable to computer-implemented inventions, stakeholders would like to see whether a consistent and reliable standard is followed during actual examination
Sukanya Sarkar, March 19 2026
Patents
feehikecover.jpg
Businesses can handle UKIPO fee hike: lawyers
UKIPO will remain a competitive option as long as efficient service continues
March 19 2026
Copyright
UK.jpg
‘No preferred option’: UK govt backtracks on AI copyright regime
A future opt-out has not been ruled out, but practitioners warn that the UK could fall behind in the AI race
March 18 2026
Patents
China
US firms: China no longer an ‘afterthought’
US patent lawyers say they are increasingly advising clients on China strategies as corporations seek to gain leverage in enforcement, licensing, and supply chain management
Sanjana Mishra, March 18 2026
Patents
97513e06cdba12a77e14f2e6f72c0134096c64ca.jpg
King & Spalding adds yet another Winston litigator
Mike Rueckheim reunites with 12 of his former Winston & Strawn colleagues as King & Spalding continues aggressive hiring streak
Sanjana Mishra, March 17 2026
Gift this article