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

Michael Loney, New York


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

Judge Rodney Gilstrap of the Eastern District of Texas (pictured) raised eyebrows in June when he issued an order requiring defendants in patent infringement cases to get permission to file an early motion seeking judgment that a patent is invalid under...


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