Waco Division Update: Albright Denies Google’s Section 101 Motion to Dismiss
By Vincent J. Allen. As discussed in a prior post, the Waco Division of the Western District of Texas has seen a rise in patent infringement suits. Plaintiffs are filing in Waco because of Judge Alan Albright’s promise to efficiently resolve patent disputes. Judge Albright has also made clear that he does not favor […]
Who Carries the Burden in IPR—And, Does it Matter?
The Inter Partes Review (“IPR”) proceeding, part of the America Invents Act, sets up a streamlined procedure for any party (“petitioner”) to challenge the validity of the claims of an issued patent, not in a court, but in the US Patent Office, generally at a much lower cost when compared to federal court. An IPR […]
Solving Alice
The Supreme Court’s abstract ideas exception to categorical subject-matter eligibility under 35 U.S.C. § 101 has become the bane of computer-implemented inventions. In June of 2014, the Supreme Court, in Alice Corp. Pty. Ltd. v. CLS Bank International, affirmed the framework for patent-eligibility initially set out in Mayo Collaborative Services v. Prometheus Laboratories, which includes […]
