Jackson Walker Wins Cases Based On § 101 Patent Ineligibility

March 29, 2017 | Client Results

Jackson Walker attorneys Wasif Qureshi and Blake Dietrich helped secure final judgments of patent invalidity for their four clients sued by My Health, Inc. in the Eastern District of Texas.

My Health had engaged in a five year licensing and litigation campaign on U.S. Patent No. 6,612,985, which over that period was the subject of over 40 lawsuits around the country. My Health asserted that its patent covered a system and method for remotely monitoring a diagnosed condition of a patient, developing and presenting to the patient an updated treatment plan based on the patient monitoring, and generating data to track compliance with the updated treatment plan.

Broadly asserting the ’985 Patent against various remote health monitoring technologies, My Health claimed in public filings that numerous industry leaders paid for licenses after extensive review of the patent.

In spite of that, and further confronted with the same court having denied a 35 U.S.C. § 101-based Rule 12(b)(6) motion to dismiss in a prior My Health case, our clients resisted My Health’s efforts to monetize the ’985 Patent against them and vigorously challenged the patent as being directed to ineligible subject matter under § 101.

Ultimately – though still relatively early in the cases – U.S. Magistrate Judge Roy S. Payne agreed with our clients’ positions and recommended that all claims of the ’985 Patent be held ineligible and our pending Rule 12(b)(6) motions be granted. U.S. District Judge Robert W. Schroeder III soon adopted the recommendation and issued final judgments, ending My Health’s campaign.

“I am obviously very pleased with the Court’s decision,” Wasif said. “And I am particularly happy for my clients. They remained resolute in their positions despite the uncertainties and risks attendant with patent litigation.”

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 175 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.