T&K Mentioned in Law360 on EDekka Matter

“EDekka’s Loss In Texas Won’t Slow Plaintiffs’ IP Campaigns”

The Eastern District of Texas’ recent invalidation of a Web shopping cart patent held by eDekka LLC, one of the most prolific filers of infringement litigation, may give defendants more ammunition in a jurisdiction that tends to view the U.S. Supreme Court’s Alice decision narrowly, but won’t deter plaintiffs from launching patent campaigns in the Lone Star State, experts say.

U.S. District Judge Rodney Gilstrap on Monday found that eDekka’s patent claims were directed to the abstract idea of storing and labeling information, making them invalid under the Alice decision. The judge converted several motions to dismiss under Section 101 of the Patent Act by Action Envelope & Printing Co. Inc. and other defendants to summary judgment motions and then granted the bids in their favor.

“It’s very positive for defendants in Eastern District of Texas patent cases,” said R. David Donoghue, deputy leader of Holland & Knight LLP’s intellectual property practice. “It shows that the court is willing to grant Alice motions, and to do so in the early stages of a case, at least in this instance. I think we will continue to see Alice motions in Texas, and it’s very likely there could be more Alice motions filed because of this decision.”

The defendants are represented by Wilson Robertson & Cornelius PC, Fish & Richardson PC, Thompson Coburn LLP, Brann & Isaacson LLP, Thompson & Knight LLP, McGuireWoods LLP, Pepper Hamilton LLP, The Heartfield Law Firm and Truelove Law Firm.