Recent Alice Order in Delaware Invites Comparison with the Western District of Texas

April 10, 2020

RPX’s April 6 newsletter called attention to a recent order, by District Judge Richard G. Andrews, invalidating claims from two Rondevoo Technologies, LLC patents “directed to a ‘nano gas sensor device’ that detects and changes in reaction to the presence of a gas, chemical, or biological object” under Alice. The court held that the claims are patent-ineligibly directed to the abstract idea of a sensor, observing along the way that the NPE plaintiff has filed numerous complaints throughout the country with “virtually no real litigation in any of these cases”. Judge Andrews’s order comes as the Western District of Texas has cemented its place at the top of the list of patent venues favored by NPE plaintiffs, outpacing Delaware in the first quarter, according to RPX’s Q1 in Review.

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