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Submission of Alice-Related Question to Jury Can Present a Logic Puzzle

January 12, 2024

This past October, an Eastern District of Texas jury returned a mixed verdict awarding Ollnova Technologies Limited $11.5M as a “lump sum royalty for the life of the patents” found infringed. Judgment has yet to be entered against defendant Generac Holdings (ecobee), though, as last week Chief Judge Rodney Gilstrap set a bench trial on February 27 to hear evidence concerning the “remaining disputes” between the parties after mediation failed to bring the case to a close after the jury verdict. Early in the case, in September 2022, Judge Gilstrap ruled that the asserted claims of one of Ollnova’s patents are directed to an abstract idea but indicated that factual issues underlying the second prong of an Alice analysis needed “further development” via “discovery and motion practice”—now, the court has the benefit of an East Texas jury’s analysis of the issue.


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