No Interlocutory Appeal for Adverse Alice Ruling

Having denied a defendant’s motion to find patents invalid under 35 U.S.C. § 101, Delaware’s Judge Robinson has now denied the defendant’s request for interlocutory appeal under 28 U.S.C. § 1292(b).  Improved Search, LLC v. AOL, Inc., No. 1:15-cv-00262 (D. Del. May 6, 2016).  Judge Robinson explained that interlocutory appeal should be exceptional, and should not be allowed to cause piecemeal litigation or delay entry of a final judgment.  While patent invalidity is a “controlling question of law” such as can warrant interlocutory review, the mere difficulty of an issue was not enough to justifying delaying litigation.  Further, the popularity of Alice motions meant that granting an interlocutory appeal could cause more problems than it would solve.  The court therefore exercised its discretion to decline the request for certification of an interlocutory appeal.

Upcoming Webinar

The Supreme Court recently issued decisions in Oil States v. Greene’s Energyand SAS Institute v. Iancuaffecting inter partes review before the Patent and Trademark Office. During the July webinar, Bryan Hart of Bejin Bieneman will discuss how thes…Register