No Post-Trial JMOL on § 101 Validity Challenge Previously Addressed in Summary Judgment

The court denied defendant's renewed post-trial motion for judgment as a matter of law that plaintiff's data storage patent was invalid for lack of patentable subject matter. "The § 101 issue has already received full and fair treatment. To allow parties, in post-trial motions, to entirely reargue the merits of issues that have already been fully addressed during the case would potentially throw open the flood gates to repetitive post-trial motions. This Court has concerns about materially increasing the burden of post-trial motion practice on the parties and the Court, should this procedure be welcomed and made routine."

Smartflash LLC et al v. Apple Inc. et al, 6-13-cv-00447 (TXED July 8, 2015, Order) (Gilstrap, J.)