This post is our latest review of noteworthy case developments
in the Eastern and Northern Districts of Texas for the month of
August 2019. Two subjects stand out this month from the Eastern
District: (1) a new EDTX local rule from Chief Judge Gilstrap
regarding "Eligibility Contentions" for challenging
claims as patent-ineligible under § 101; and (2) venue.
New "Eligibility Contentions" Requirement
On July 25, 2019, Chief Judge Gilstrap issued a standing order
for all patent infringement cases filed in his court, in which he
introduced § 101 subject matter Eligibility Contentions. As a
result, defendants that wish to challenge a patent as
patent-ineligible under § 101 now need to provide fact-based
Eligibility Contentions early in the case.
