U.S. District Judge Rodney Gilstrap of Marshall recently eliminated nearly 10 percent of his patent docket when he dismissed 168 cases filed by a serial plaintiff that was pursuing ineligible patent infringement claims in his court.
The ruling is notable because Gilstrap’s popular court usually leads the nation in patent filings brought by plaintiffs. It’s also significant because Gilstrap has asked for consolidated briefing from defendants as to whether the plaintiff’s claims amount to an “exceptional case”—a finding under 35 U.S.C. §285, which allows judges to award attorney fees against parties who file baseless pleadings.
