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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
