Legal Opinion

Gust, Inc. v. AlphaCap Ventures, LLC

District Court, S.D. New York

Decided December 8, 2016No. 15cv6192 (DLC); 16cv1784 (DLC)PublishedCited by 7 opinions

1Opinion of the Court

OPINION & ORDER

DENISE COTE, District Judge:

For eighteen months, AlphaCap Ventures LLC (“AlphaCap”) pursued this patent infringement litigation against Gust, Inc. (“Gust”), first in the Eastern District of Texas, and then in the Southern District of New York following the transfer of the Texas action. As AlphaCap recognized, its patent claims were “not worth pursuing” in light of the Supreme Court’s decision in Alice Corporation Pty. Ltd. v. CLS Bank International, — U.S. —, 134 S.Ct. 2347, 189 L.Ed.2d 296 (2014). Accordingly, as Gust prepared a motion challenging the validity of the patents,…

2Cases cited34 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. In re Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 2008
  3. Enfish, LLC v. Microsoft CorporationCourt of Appeals for the Federal Circuit · 2016
  4. Bilski v. KapposSupreme Court of the United States · 2010
  5. Fletcher v. Atex, Inc.Court of Appeals for the Second Circuit · 1995

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3Cited by7 opinions

  1. Iris Connex, LLC v. Dell, Inc.District Court, E.D. Texas · 2017
  2. Shipping & Transit, LLC v. 1A Auto, Inc.District Court, S.D. Florida · 2017
  3. Gust, Inc. v. Alphacap Ventures, LLCCourt of Appeals for the Federal Circuit · 2018
  4. Gust, Inc. v. Alphacap Ventures, LLCCourt of Appeals for the Federal Circuit · 2018
  5. Gust, Inc. v. Alphacap Ventures, LLCCourt of Appeals for the Federal Circuit · 2018

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