On July 1, 2020, the Federal Circuit Court of Appeals ruled on behalf of Conrad O’Brien client, ScottCare Corporation, dismissing three patents at issue in litigation regarding remote monitoring cardiac technology patents.
The Federal Circuit affirmed the Eastern District of Pennsylvania’s ruling by Judge Petrese Tucker, where Judge Tucker dismissed one patent as invalid for claiming only abstract ideas thus ineligible for patenting. The Federal Circuit agreed with Conrad O’Brien’s argument that the patent at issue is ineligible because it can be done “in the human mind or with a pen and paper. And therefore itself is an abstract idea.” The other two patents at issue were dismissed on procedural grounds. Kevin Kent of Conrad O’Brien argued the case telephonically before the Federal Circuit on June 4.
CardioNet sued ScottCare in 2012 in the Eastern District of Pennsylvania, alleging infringement of its technology patents on "mobile cardiac telemetry," which are devices that monitor a person's heart and detect anomalies. The patents cover various technological elements used in Mobile Cardiac Telemetry products, which are medical devices prescribed by physicians to monitor and report certain cardiac arrhythmias for outpatients. CardioNet alleged that ScottCare infringed their patents through sales of ScottCare TeleSentry Mobile Cardiac Telemetry device and monitoring service. It also sued InfoBionic in 2015 in the District of Massachusetts over some of the same patents.
In July 2018, Judge Tucker granted ScottCare’s Motion for Judgment on the Pleadings or, in the Alternative for Summary Judgment, seeking dismissal of two patents and in 2019, Judge Tucker granted ScottCare’s second motion as to the remaining patents.
ScottCare was represented by Conrad O’Brien attorneys Jack Guernsey, Kevin Kent, Andrew Gallinaro, and Meghan A. Farley.
This decision is reported in more detail in Law360, “Fed. Circ., Judge Nix CardioNet Heart Monitor Patent Claims,” as reported by Ryan Davis.