Tuesday, July 10, 2018

Filing Multiple Lawsuits Asserting Patents Susceptible to Section 101 Challenge Justifies Attorney Fees Award

Following a 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 exceptionally meritless. "⁠[Plaintiff] filed its complaint in the face of significant post-Alice precedent. Here, [plaintiff] chose to file more than a dozen lawsuits asserting four ineligible patents and, in so filing, ignored substantial precedent dismissing analogous data manipulation patent claims. . . . Although issued patents are presumed valid, they are not presumed eligible under Section 101. . . . [Plaintiff] cannot hide behind its own refusal to analyze its patents critically. Lawyers routinely evaluate the viability of contracts and strength of claims and thereupon counsel clients to act responsibly. To do otherwise unnecessarily burdens to the courts and inflicts significant costs to the opposing parties."

Cellspin Soft, Inc. v. Fitbit, Inc., 4-17-cv-05928 (CAND July 6, 2018, Order) (Rogers, USDJ)

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