Draeger Medical Systems, Inc. v. My Health, Inc., C.A. No. 15-248 - SLR, March 3, 2016

Robinson, J. Defendant’s motion to dismiss for lack of subject matter jurisdiction is denied.

This is a declaratory judgment action on non-infringement and invalidity of the patent-in-suit. Defendant is an NPE. It had send a letter with a claim chart claiming infringement and offering to license the patent-in-suit.  Plaintiff did not engage in licensing discussions before filing this lawsuit. Defendant claims that its suits against 24 other parties claiming infringement of the same patent is irrelevant to jurisdiction in this case since it claimed an interest in the letter to negotiate without litigation.  The court finds under the totality of circumstances that the possibility of negotiation is no reason to refuse jurisdiction.