Summary Judgment of Invalidity Granted
Judge Gilstrap accepted Magistrate Judge Payne’s report and recommendation and held certain claims of the patents ineligible under § 101. (Yes, the county commissioners think they’ve seceded again).
Judge Gilstrap accepted Magistrate Judge Payne’s report and recommendation and held certain claims of the patents ineligible under § 101. (Yes, the county commissioners think they’ve seceded again).
The subject of the motion was patentable subject matter under section 101.
Noting that he had previously invalidated a related patent, Judge Albright granted the motion.
Judge Payne concluded that the claims failed both steps of the analysis.
The court granted the motion as to one of the claims, but found Step 2 saved others.
Judge Gilstrap denied the parties’ cross- motions for partial summary judgment of patentable subject matter (or not).
Okay, yes we have a regular and established place of business In Waco, but venue is still improper because…
This order addresses a defense that the court noted is asserted in a “growing number” of motions challenging venue under § 1400(b). And a Section 101 12(b)(6) as well.
I returned from my in-laws’ bucket list trip this weekend to hear that a Marshall jury entered a verdict in this case dealing with key duplication kiosks.
Judge Payne recommended that the defendant’s 101 motion be denied.