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 HomMed, Click4Care, 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.