my health et. al. v. click4care

7/29/2019 My Health et. al. v. Click4Care

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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-137Y HEALTH, INC. andUNIVERSITY OF ROCHESTER,COMPLAINT FOR PATENT

INFRINGEMENTv.

(JURY TRIAL DEMANDED)CLICK4CARE, INC.Defendant.

Plaintiffs My Health, Inc. ("My Health") andUniversity of Rochester (collectively"Plaintiffs")bring this action against defendant Click4Care, Inc. ("Click4Care"), and allege as follows:

THE PARTIES

1. TheUniversity of Rochester isaneducational institution charteredbytheStateofNewYork, with aprincipal office at 601 Elmwood Avenue, Rochester, New York.

2. My Health, Inc. is aDelaware corporation having its registered agent and principalplace of business in this district.

3. Michael E. Eiffert M.D. ("Dr. Eiffert") isthe CEO of MyHealth and an inventor ofUnited States Patent No. 6,612,985 entitled "Method and system for monitoring and treating apatient" (the "'985 Patent").

4. On information andbelief, Click4Care is acorporation organized and existing underthe laws of Delaware having itsprincipal place of business and agent for serviceof process located at50 South Liberty Street, Suite200, Powell, Ohio 43065 and isdoing business inthis judicial district.

SUMMARY OF THE CASE

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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 as apipeline for new technologies, assisting scientistsand engineers in bringing their ideas to fruition and, ultimately, to companies with the expertise tomarket on aglobal scale.

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

9. Click4Care has not been granted alicense or any other rights to the '985 Patent.10. On information and belief, Click4Care has generated significant sales of products

incorporating the University's technology, exposing Click4Care to significant liability for itsinfringement 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).

12. Upon information and belief, Click4Care 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, Click4Care placed its infringing products intothestreamof commerce throughout theUnited States with the expectation that they will beused by consumers

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in 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. 139I(b) and (c) andI400(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, Click4Care, either alone or in conjunction 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 the Click4Care systemutilizing, among other things, theClick4Care's Member Portal, Our Care Pathway assessments, and The ThinkMetrix module("Accused Product"), which infringes one or more claims of the '985 Patent, including, but notlimited to claims 1,4, and 7of the '985 Patent. Click4Care is liablefor infringement of one or moreclaims of the '985 Patent, including, but not limited to claims 1,4 and 7, of the '985 Patent pursuantto 35U.S.C. 271.

17. Click4Care is liable for indirect infringement of the '985 Patent by either inducingand/or contributing to direct infringements of the '985 Patent committed by endusers ofthe AccusedProduct.

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18. At least from the time Click4Care received this Complaint, Click4Care acted withintent to encourage direct infringements by its end users, and knew or should have known that itsactions would induce such direct infringement.

19. At least fromthe time Click4Care received this Complaint, Click4Care 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. Click4Care's acts of infringement have caused damage to Plaintiffs, and Plaintiffs areentitled to recover from Click4Care the damages sustained as aresult ofClick4Care' 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 Click4Care is enjoined from committing further acts of infringement.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for entry of judgment that:A. Click4Care has infringed the '985 Patent;B. Click4Care account for and pay to Plaintiffs all damages caused by its infringement of

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

Click4Care, its officers, agents, servants, employees, and those persons in active concert orparticipation with them from further acts of patent infringement;

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D. Plaintiffs begranted pre-judgment andpost-judgment interest onthe damages causedto it by reason ofClick4Care's patent 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.DEMAND FOR 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) 236-9800Facsimile: (903) 236-8787Joseph Pia*[email protected]&Moss, LLC222 South Main Street, Suite 1830Salt Lake City, UT 84111Telephone: (801) 350-9000Fax: (801) 350-9010Michael R. Wolford *[email protected] Reynolds Arcade Building16East Main StreetRochester, New York 146145


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Telephone: (585) 325-8008Facsimile: (585) 325-8009*ProHac Vice

C. Dale QuisenberryStateBar No. [email protected] T. PolasekStateBar. No. [email protected] S.DavidStateBar No. [email protected], QUISENBERRY &ERRINGTON, L.L.P.6750West Loop South, Suite920Bellaire, Texas 77401Telephone: (832) 778-6000Facsimile: (832) 778-6010ATTORNEYS FOR PLAINTIFFS

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my health et. al. v. click4care

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