The Eastern District of Texas is known to be a hotbed for patent litigation filings, even after the Supreme Court’s TC Heartland decision. And within E.D. Texas, Judge Rodney Gilstrap has been the busiest sometimes presiding over nearly a quarter of the country’s patent cases.
With that backdrop, it is unsurprising that Judge Gilstrap decided to introduce Section 101 subject matter eligibility contentions. The contentions, which are to be served within 45 days after receiving infringement contentions, must include a chart that identifies at least the following information:
Judge Gilstrap’s standing order regarding subject matter eligibility contentions can be read here.
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