My Health, Inc. v. ALR Technologies, Inc., 2-16-cv-00535 (TXED December 19, 2017, Order) (Payne, MJ)
Tuesday, December 26, 2017
Weak Patent Eligibility Position Alone Supports Attorney Fee Award
Following dismissal for lack of patentable subject matter, the court granted defendants' motions for attorney fees under 35 U.S.C. § 285 because plaintiff's litigation positions were unreasonable. "Patient treatment and monitoring methods such as those claimed by the [patent-in-suit] had been declared ineligible long before [plaintiff] filed its 2016 lawsuits. . . . The numerous cases invalidating claims directed to information collection and analysis, such as the [patent-in-suit's] claims, stood in stark contrast to the handful of cases reaching the contrary conclusion. . . . There were of course gray areas, but by the time [plaintiff's] lawsuits were filed, it should have been clear that the [patent's] claims were 'manifestly directed to an abstract idea.'. . . The weakness in [plaintiff's] § 101 position is by itself a sufficient basis for finding the cases exceptional."