Jackson Walker Obtains Attorneys’ Fees Award In Patent Infringement Case

December 27, 2017 | Client Results

Jackson Walker obtained an award of attorneys’ fees for its clients McKesson Technologies, InTouch Health, MyNetDiary, and ALR Technologies, in patent infringement suits brought in federal district court by a company named My Health, Inc.

Earlier this year, Jackson Walker and its clients successfully challenged My Health’s patent – U.S. Patent No. 6,612,985 – as being ineligible for patent protection under 35 U.S.C. § 101.

In addition to My Health’s patent being found by the Eastern District of Texas as “unquestionably abstract” in view of the Supreme Court’s decision in Alice v. CLS Bank, Jackson Walker and its clients argued that My Health’s licensing and litigation campaign over the past five years and its litigation conduct and misrepresentations in this case warranted an “exceptional” case declaration under 35 U.S.C. § 285 and in view of the Supreme Court’s decision in Octane Fitness v. ICON Health & Fitness.

In agreeing with defendants, the Court wrote that “[t]he weakness in My Health’s § 101 position is by itself a sufficient basis for finding the cases exceptional” and took further issue with My Health’s litigation behavior in trying to extract nuisance-value settlements, directly contacting represented parties, seeking a stay of defendants’ attorneys’ fees motion pending appeal but then dismissing the appeal, and making misleading statements to the district and appeals courts. The full opinion may be read here.

In total, the Court ordered My Health to pay $371,862.95 in attorneys’ fees.

McKesson, InTouch, MyNetDiary, and ALR are represented by Jackson Walker attorneys Wasif Qureshi and Blake Dietrich.

Meet Our Team

Wasif Qureshi practices intellectual property law, with particular focus on patent litigation. He counsels a diverse range of clients from startups to Fortune 100 companies across the globe. In his 15+ years of practice, Wasif has appeared in over 200 district court and International Trade Commission patent infringement suits, with countless successful results for his clients. His reputation and accomplishments in patent litigation have earned him, among various other accolades, national recognition by Managing Intellectual Property as a “Patent Star” and “Outstanding IP Litigator,” an award received by less than 1% of IP litigators in the country.

Blake Dietrich has an intellectual property law practice that ranges from representing clients in securing patent, trademark, and copyright protection to enforcing and defending those rights in litigation. As to patent litigation, he has appeared in over 40 federal cases in venues across the country, with numerous successful results for his clients. His legal experience, coupled with his technical background in Applied Science and Technology, enables him to successfully manage cases by developing winning strategies informed by his deep insight into the often complex technologies at issue.

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