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Dykema Gossett PLLC
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SerendIPity: Dykema's Intellectual Property Law Blog

Intellectual Property Law Blog

News and Analysis of Legal Issues Affecting Intellectual Property



Scott E. Yackey
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Judge Gilstrap’s New Standing Order Eliminates Requirement to Seek Leave Prior to Filing Alice Motions, Introduces New Certification Requirement

On November 10, 2015, Judge Rodney Gilstrap of the United States District Court for the Eastern District of Texas issued a new standing order eliminating the requirement to seek leave before filing motions to dismiss on grounds that a patent is invalid under 35 U.S.C. § 101. A significant influx of these so-called “Alice motions” were filed in the Eastern District of Texas following the Supreme Court’s decision in Alice Corp. Pty Ltd. V. CLS Bank Int’l, 134 S. Ct. 2347 (2014). Judge Gilstrap’s previous Docket Control Order required that parties file letter briefs prior to filing Alice motions. Read More ›