Draeger Medical Systems Files For Declaratory Judgment Against My Health

| Printer friendly version

On March 19, 2015, Draeger Medical Systems, Inc. (“Draeger”) filed a Declaratory Judgment action against My Health, Inc. (“My Health”).  The complaint alleges that My Health sent a cease and desist letter to Draeger  that accused Draeger of infringing U.S. Patent No. 6,612,985 (“the ‘985 Patent”) entitled “Method and System for Monitoring and Treating a Patient.”

According to its Abstract, the ‘985 Patent relates to “a method for monitoring and treating a patient with one or more diagnosed conditions” and a “current assessment of each of the diagnosed conditions is determined in a treatment processing system.” Draeger’s declaratory judgment complaint alleges that the ‘985 Patent is invalid under 35 U.S.C. §§ 101, 102, 103, and 112.  Draeger further alleges in the complaint that its Infinity M300 product does not infringe the ‘985 Patent.

The complaint also notes that My Health has filed lawsuits in the Eastern District of Texas against at least 24 companies for infringement of the ‘985 Patent, including Honeywell HomMedClick4Care, GenerationOne, and CardioCom.  In addition, the complaint states that at least five companies have filed declaratory judgment actions against My Health after receiving cease and desist letters.

According to the U.S. Patent and Trademark Office’s Patent Review Processing System online database, three entities have filed inter partes review petitions against the ‘985 Patent.  The database indicated that the matters filed by both CardioCom and Click4Care were settled after the parties filed Joint Motions to Terminate the proceedings.  Biotronik, Inc. filed a petition in October 2014 that remains pending.

Leave a Reply

By using this blog, you agree and understand that no information is being provided in the context of any attorney-client relationship. You further agree and understand that nothing herein is intended to be legal advice. This blog is solely informational in nature, and is not intended as, and should not be used as, a substitute for competent legal advice from a retained and licensed attorney in your state. Knobbe Martens LLP makes no representations or warranties as to the accuracy, completeness, timeliness or availability of the information in this blog. Knobbe Martens LLP will not be liable for any injury or damages relating to your use of, or access to, any such information. Knobbe Martens LLP undertakes no obligation to correct or update information on this blog, which may be incorrect or become incorrect or out of date over time. Knobbe Martens LLP reserves the right to alter or delete content or information on the blog at any time. This blog contains links and references to other websites and publications that you may find of interest. Knobbe Martens LLP does not control, promote, endorse or otherwise have any affiliation with any other websites or publications unless those websites or publications expressly state such an affiliation. Knobbe Martens LLP further has no responsibility for, and makes no representations regarding, the content, accuracy or any other aspect of the information in such websites or publications.