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Unpatentable – 35 USC 101

Summary Judgment of Invalidity Granted     

November 22, 2022November 22, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG, Unpatentable - 35 USC 101


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).

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Motion For Judgment On The Pleadings Recommended Denied

November 9, 2022November 9, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, Motions to Dismiss, TEXIPLAWBLOG, Unpatentable - 35 USC 101

The subject of the motion was patentable subject matter under section 101.

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Motion For Summary Judgment Under Section 101 Granted

November 4, 2022November 4, 2022 msmithTEXIPLAWBLOG, Unpatentable - 35 USC 101, WDTX, WDTX Cases

Noting that he had previously invalidated a related patent, Judge Albright granted the motion.

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101 Motion to Dismiss Recommended Granted

November 3, 2022November 3, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG, Unpatentable - 35 USC 101

Judge Payne concluded that the claims failed both steps of the analysis.

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Motion To Dismiss Under Section 101 Granted In Part

November 3, 2022November 3, 2022 msmithNDTX, TEXIPLAWBLOG, Unpatentable - 35 USC 101

The court granted the motion as to one of the claims, but found Step 2 saved others.

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101 Motions Denied

October 31, 2022October 31, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG, Unpatentable - 35 USC 101

Judge Gilstrap denied the parties’ cross- motions for partial summary judgment of patentable subject matter (or not).

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More “Acts of Infringement” Improper Venue / 101 Motions to Dismiss

October 21, 2022October 21, 2022 msmithTEXIPLAWBLOG, Unpatentable - 35 USC 101, Venue, WDTX, WDTX Cases


Okay, yes we have a regular and established place of business In Waco, but venue is still improper because…

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Improper Venue Under “Acts of Infringement” Prong of § 1400(b)

October 20, 2022October 20, 2022 msmithTEXIPLAWBLOG, Unpatentable - 35 USC 101, Venue, WDTX, WDTX Cases

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.

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Verdict in Hillman v. Hy-Ko Case      

October 12, 2022October 12, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG, Unpatentable - 35 USC 101, Verdicts


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. 

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Judgment On The Pleadings?

September 15, 2022September 14, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG, Unpatentable - 35 USC 101

Judge Payne recommended that the defendant’s 101 motion be denied.

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Welcome!

This website consists of two blogs: (1) EDTexweblog.com – which focuses on practice in the U.S. District Court for the Eastern District of Texas; and (2) TexIPLawBlog.com – which focuses on intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Scheef & Stone, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20+ years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
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