Judge Albright Having Denied Another Early Alice Challenge, AML IP Files More Cases in West Texas

  • December 10, 2022
  • Category: New Patent Litigation
    Market Sector: E-Commerce and Software

Last month, Western District of Texas Judge Alan D. Albright handed down final constructions for disputed terms of one of the three patents that AML IP LLC, a plaintiff associated with monetization firm Dynamic IP Deals (d/b/a DynaIP), has been litigating since December 2020. Those constructions followed the October 2022 denial of a motion, filed by JC Penney, challenging that patent’s claims under Alice. The denial once again lays out Judge Albright’s philosophy with respect to such early patent eligibility motions: they must “overcome both a factual deck stacked against [them] and a heightened burden of proof”, and for multiple reasons are better considered after “a court can spend more time with the patents during claim construction, motions to strike contentions, discovery disputes, and even motions for summary judgment”. AML IP has filed its four most recent cases, one against each of AirBnB (6:22-cv-01262), Block (6:22-cv-01263), Buff Technologies (6:22-cv-01254), and Stripe (6:22-cv-01257) in the Western District of Texas as well; each has again been assigned to Judge Albright.


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