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Health Discovery Files Expanded Complaint after Rare Alice Dismissal from Judge Albright

April 9, 2022

At the end of last year, Western District of Texas Judge Alan D. Albright dismissed a July 2020 complaint filed by Health Discovery Corporation (HDC) against Intel for failure to plead sufficient facts to withstand defendant Intel’s Alice challenge to the four pattern recognition patents asserted. The court did so without prejudice, however, citing a sister court’s nod to the “wide gulf” between meeting the clear and convincing evidence standard for outright invalidation and mere pleading failures. In February, HDC filed its appeal of Judge Albright’s ruling to the Federal Circuit (22-1446), following up this month with a new complaint that asserts the same four patents against Intel (6:22-cv-00356), this time adding roughly 20 paragraphs that plead defensively against another patent eligibility attack.   


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