My Health et. al. v. CardioCom

7/29/2019 My Health et. al. v. CardioCom

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

Plaintiffs,

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Civil Action No.2: 13-cv-136Y HEALTH, INC. andUNIVERSITY OF ROCHESTER,COMPLAINT FOR PATENT

INFRINGEMENTv.

(J URY TRIAL DEMANDED)CARDIOCOM, LLC,Defendant.

Plaintiffs My Health, Inc. ("My Health") andUniversity of Rochester (collectively"Plaintiffs")bring this action against defendant CardioCom, LLC ("CardioCom"), and allege as follows:

THE PARTIES1. TheUniversity of Rochester isaneducational institution charteredbytheStateofNew

York, with aprincipal office at 601 Elmwood Avenue, Rochester, New York.2. My Health, Inc. is aDelaware corporation having its registered agent and principal

place of business in this district.3. Michael E. Eiffert M.D. ("Dr. Eiffert") isthe CEO of MyHealth and an inventor of

United States Patent No. 6,612,985 entitled "Method and system for monitoring and treating apatient" (the "'985 Patent").

4. On information and belief, CardioCom is a limited liability company organized andexisting under the laws of Minnesota having its principal place of business at 7980 Century Blvd.,Chanhassen, Minnesota 55317 and an agent registered for service of process known as National

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Registered Agents, Inc. located at 590Park Street, Capitol Professional Building, St.Paul, Minnesota55103, and is doing business in this judicial district.

SUMMARY OF THE CASE

5. The University of Rochester, Dr. Eiffert and Lisa C. Schwartz invented a uniquetechnology that assists healthcare providers in monitoring and treating patients. Consequently, onSeptember 2,2003, the University of Rochester was awarded the '985 Patent.

6. My Health is an early stage company, fostering medical technologies through theproof of concept stage for larger more established entities.

7. My Health focuses on serving asapipeline for new technologies, assistingscientistandengineers inbringing their ideas to fruition and, ultimately, to companies with the expertise tomarketon aglobal scale.

8. OnAugust 1,2008, theUniversity of Rochester granted anexclusivelicenseunder the'985 Patent to My Health.

9. CardioCom has not been granted alicense or any other rights to the '985 Patent.10. It isbelieved that CardioCom hasgenerated significant salesof products incorporating

the University's technology, exposing CardioCom to significant liability for its infringement of the'985 Patent.

JURISDICTION AND VENUE

11. This is an action for patent infringement arising under the provisions of the PatentLaws of theUnited States of America, Title 35, United States Code. Subject-matter jurisdictionoverPlaintiffs' claims is conferred upon this Court by 28 U.S.C. 1331 and 1338(a).

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12. Upon information and belief, CardioCom transacted business, contracted to supplygoods or services, and caused injury to Plaintiffs within Texas and this judicial district, and hasotherwise purposefully availed itself of the privileges and benefits of the laws of Texas, and is,therefore, subject to jurisdiction of this Court.

13. Upon information andbelief, CardioCom placed itsinfringingproducts intothestreamof commerce throughout theUnited States with the expectation that they will beused by consumersin this judicial district, which products and services havebeen offered for sale, sold, andused inthisjudicial district.

14. Venue is proper in this judicial district under 28 U.S.C. 1391(b) and (c) and1400(b).

INFRINGEMENT OFU.S. PATENT No. 6,612,98515. The '985 Patent, acopy of which isattached hereto asExhibit A, was duly andlegally

issued by theUnited States Patent and Trademark Office. TheUniversity of Rochester isthe ownerby assignment of all right, title, and interest in and to the '985 Patent. My Health is the exclusivelicensee of the '985 Patent, including the right to sue for and recover all past, present and futuredamages for infringement of the '985 Patent.

16. Upon information andbelief, CardioCom, either alone or inconjunction with others,has inthepast and continues to infringe, contribute to infringement, and/or induceinfringementof the'985 Patent by making, using, selling and/or offering to sell, and/or causing others to use, methodsand systems, including, but not limited to CardioCom's Commander, Commander FlexandOmnivisorproducts ("Accused Products"), which infringe oneor more claimsof the '985 Patent, including, butnot limited to claims 1, 4, and 7of the '985 Patent. CardioCom is liable for infringement of one or

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more claims of the '985 Patent, including, but not limited to claims 1, 4 and 7, of the '985 Patentpursuant to 35 U.S.C. 271.

17. CardioCom is liable for indirect infringement of the '985 Patent by inducing and/orcontributing to direct infringements of the '985 Patent committed by end users of the AccusedProducts.

18. At least from the time received this Complaint, CardioCom acted with intent toencourage direct infringements by its end users, and knew or should have known that its actionswould induce such direct infringement.

19. At least fromthe time CardioCom received this Complaint, CardioCom contributed todirect infringements by its end users as described above by knowing that its Accused Product andmethod would be implemented by its end users; that its methods, components, system and AccusedProduct were designed for a combination covered by one or more claims of the '985 Patent; thatthere are no substantial non-infringing uses; and the Accused Product is a material part of theinfringement.

20. CardioCom's acts of infringement havecaused damage to Plaintiffs, andPlaintiffs areentitled to recover from CardioCom the damages sustained as aresult of CardioCom' swrongful actsin an amount subject to proof at trial.

21. As a consequence of the infringement complained of herein, Plaintiffs have beenirreparably damaged in an extent not yet determined and will continue to be irreparably damaged bysuch acts in the future unless CardioCom is enjoined from committing further acts of infringement.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for entry of judgment that:A. CardioCom has infringed the '985 Patent;B. CardioCom account for andpay to Plaintiffs all damages caused by itsinfringementof

the'985 patent in accordance with 35U.S.C. 284;C. Plaintiffs begranted permanent injunctive relief pursuant to 35U.S.c. 283enjoining

CardioCom, its officers, agents, servants, employees, and those persons in active concert orparticipation with them from further acts of patent infringement;

D. Plaintiffs begranted pre-judgment andpost-judgment interest onthe damages causedto it by reason of CardioCom' spatent infringement complained of herein;

E. Plaintiffs be granted their reasonable attorneys' fees;F. Costs be awarded to Plaintiffs; and,G. Plaintiffs be granted such other and further relief as the Court may deemjust and

proper under the circumstances.DEMANDFOR JURY TRIAL

Plaintiffs demand trial byjury on all claims and issues so triable.Respectfully submitted,

Dated: February 15, 2013 By: lsi Elizabeth L. DerieuxS. Calvin CapshawState Bar No. [email protected] L. DeRieuxState Bar No. [email protected], L.L.P.114East Commerce AvenueGladewater, Texas 75647Telephone: (903) 236-9800

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Facsimile: (903) 236-8787Joseph G. Pia*Joe. [email protected] ANDERSONDORIUSREYNARD&Moss, LLC222 South Main Street Suite 1830Salt Lake City, UT 84101Telephone: (801) 350-9000Fax: (801) 350-9010Michael R. Wolford *[email protected] Reynolds Arcade Building16 East Main StreetRochester, New York 14614Telephone: (585) 325-8008Facsimile: (585) 325-8009*ProHac ViceC. Dale QuisenberryState Bar No. [email protected] T. PolasekState Bar. No. [email protected] S. DavidState Bar No. [email protected],QUISENBERRY&ERRINGTON,L.L.P.6750 West Loop South, Suite 920Bellaire, Texas 77401Telephone: (832) 778-6000Facsimile: (832) 778-6010ATTORNEYS FOR PLAINTIFFS

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My Health et. al. v. CardioCom

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