US District Judge Rodney Gilstrap of the Eastern District of Texas hears more patent cases than any other federal judge. Last year, he installed a set of controversial rules for those cases, leading to rare public criticism. Changes to Gilstrap's order (Word file), dated last week, suggest some of those rules have been withdrawn.

Section 101 of the US patent laws is what the Supreme Court has deemed bans overly abstract patents. Since the high court decided Alice v. CLS Bank in 2014, Section 101 has become more important, since courts have been reading it as banning many software patents that recite basic processes.

Last year, the patent rules for Gilstrap's court held that defendants seeking to file a motion under Section 101 "may do so only upon a grant of leave from the Court after a showing of good cause, which shall be presented through the letter briefing process."

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The letter briefing process essentially meant that defendants have to file a kind of Cliff's Notes version of their motion, a five-page letter explaining why it's worthwhile. The judge can allow or deny the motion and doesn't need to respond to the letter at all. Combined with the tight deadlines of East Texas patent lawsuits, it was one more obstacle for defendants in that court.

For a defendant company, the difference between getting an early win under Section 101 and fighting a patent case through trial can amount to millions. While a fast win under Section 101 can cost less than $300,000, taking a patent case to trial typically costs $2 million to $4 million.

The Electronic Frontier Foundation complained about the rules in Gilstrap's court, saying they may have violated defendants' procedural rights. Contacted by Ars, EFF Staff Attorney Vera Ranieri said she was glad to see the modification. But the organization remains concerned about procedures in Texas, she added.

"We note that Judge Gilstrap's order maintains the prohibition on staying cases pending the resolution of summary judgment motions," she said. "Thus we are concerned that dispositive motions that should be granted—such as summary judgment and motions to dismiss—will be fully briefed and ready for decision, yet the parties will continue to incur significant costs pending resolution of those motions."

In 2015, the Eastern District of Texas saw far more patent lawsuits than any other judicial district in the country, with more than 2,300 cases filed. Of those, about 95 percent were filed by "non-practicing entities," or "patent trolls," companies that have no business other than patent litigation. Statistics for 2016 show that thus far, patent cases have dropped compared to last year.