Kathi Vidal, former USPTO Director, filed an amicus brief appealing a Texas jury's patent judgment in favor of Ollnova Technologies. The brief argues that the jury instructions misrepresent the Alice-Mayo test for patent eligibility, thus allowing substandard claims. Vidal supports ecobee Technologies' case against a verdict that found Ollnova's patent claims eligible, asserting that the incorrect jury model is being used across multiple jurisdictions, effectively lowering patent eligibility standards and permitting claims based on ineligible topics.
Vidal's brief claims the Eastern District of Texas' jury instructions regarding patent eligibility 'misstate the relevant [Alice step two] inquiry, and their use in this case constitutes reversible error.'
the jury instruction and verdict form question on patent eligibility in Ollnova -which has become the model for patent eligibility in the Eastern District of Texas- are legally incorrect because they 'lower the standard for patent eligibility.'
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