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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

MEDISYN TECHNOLOGIES LLC,

v.

Plaintiff,

ALLSCRIPTS HEALTHCARE SOLUTIONS, INC. and ALLSCRIPTS HEALTHCARE, LLC,

Defendants.

COMPLAINT

C.A. No.

JURY TRIAL DEMANDED

Medisyn Technologies LLC (“Medisyn”) files this complaint for patent infringement

against Allscripts Healthcare Solutions, Inc. (“Allscripts Healthcare Solutions”) and Allscripts

Healthcare, LLC (“Allscripts Healthcare”) (collectively “Defendants”) for infringement of U.S.

Patent No. 7,464,043 (“the ‘043 patent” or “the Asserted Patent”).

THE PARTIES

1. Medisyn Technologies LLC is a Delaware corporation with its principal place of

business at 75 Montebello Road, Suffern, NY 10901.

2. Allscripts Healthcare Solutions, Inc. is a Delaware corporation with its principal

place of business located at 222 Merchandise Mart Plaza, Suite 2024, Chicago, IL 60654.

Allscripts Healthcare Solutions may be served via its registered agent, The Corporation Trust

Company, Corporation Trust Center 1209 Orange St., Wilmington, Delaware 19801.

3. Allscripts Healthcare, LLC is a North Carolina limited liability company with its

principal place of business at 222 Merchandise Mart Plaza, Ste. 2024, Chicago, Illinois 60654.

Allscripts Healthcare may be served via its registered agent, National Registered Agents, Inc.,

150 Fayetteville Street, Raleigh, NC 27602.

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JURISDICTION AND VENUE

4. This is an action for patent infringement under Title 35 of the United States Code.

Medisyn is seeking injunctive relief as well as damages.

5. Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (Federal

Question) and 1338(a) (Patents) because this is a civil action for patent infringement arising

under the United States’ patent statutes, 35 U.S.C. § 101 et seq.

6. Venue is proper under 28 U.S.C. §§ 1391(c) and 1400(b) because Defendants

have committed acts of infringement in this district and/or are deemed to reside in this district.

7. This Court has personal jurisdiction over Defendants and venue is proper in this

district because Defendants have committed, and continue to commit, acts of infringement in the

State of Delaware, including in this district, and/or have engaged in continuous and systematic

activities in the State of Delaware, including in this district.

THE ASSERTED PATENT

8. On July 14, 2000, the application for the ‘043 patent was filed with the United

States Patent and Trademark Office (“USPTO”).

The ‘043 patent is entitled “Computerized

Method and System for Obtaining, Storing, and Accessing Medical Records.” On December 9,

2008, the USPTO duly and legally issued the ‘043 patent. A copy of the ‘043 patent is attached

as Exhibit A.

9. Medisyn is the assignee of the ‘043 patent.

COUNT I (DIRECT INFRINGEMENT OF U.S. PATENT NO. 7,464,043)

10. Medisyn incorporates paragraphs 1 through 9 herein by reference.

11. This cause of action arises under the patent laws of the United States, and in

particular, 35 U.S.C. §§ 271, et seq.

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12. The ‘043 patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code.

13.

Upon

information

and

belief,

www.allscripts.com (the “Allscripts website.”)

Defendants

own

and

operate

the

website

14. Upon information and belief, Defendants sell and/or offer to sell Electronic

Health Record (EHR) solutions to its customers, including hospitals, physicians, and other health

care providers.

15. One such EHR solution offered by Defendants is Sunrise Acute Care (“Sunrise”),

formerly called Sunrise Clinical Manager.

16. Exhibit B (CPOE Show Overview pdf), attached hereto, is a printout of a page

from the Allscripts website as of March 18, 2014 describing Sunrise.

17. Exhibit B describes Sunrise as follows (emphasis in original):

Sunrise Acute Care is an industry-leading, fully integrated enterprise clinical platform, including an Electronic Health Record and Computerized Physician Order Entry (CPOE) solutions, for hospitals and health systems. Sunrise Acute Care is designed to coordinate care across locations and departments, support critical decision-making, and automate processes for accuracy and safety. It includes:

An integrated Electronic Health Record (EHR) that connects clinicians and administrators with shared patient information and workflow…

Computerized Physician Order Entry (CPOE) solutions

Closed loop medication management

Interoperability and data exchange across all ancillary modules, with a shared database for true integration of all clinical functions…

18. Exhibit C (Allscripts – News Release (Black Book Market Research)), attached

hereto, is a printout of a page from the Allscripts website as of March 18, 2014 that contains an

Allscripts Healthcare press release.

19. Exhibit C describes Sunrise as follows:

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Allscripts Sunrise EHR platform is an integrated suite of solutions for acute, post- acute, ambulatory, revenue cycle and emergency health care providers…Sunrise also provides access to integrated patient information across care settings and community organizations…

20. Defendants have directly infringed, and continue to directly infringe, one or more

claims of the ‘043 patent in this judicial district and/or elsewhere in Delaware and the United

States, including at least claim 11, by, among other things, making, selling, offering to sell

and/or using products such as Allscripts Sunrise.

21. Medisyn has been damaged as a result of Defendants’ infringing conduct

described in this Count.

Defendants are liable to Medisyn in an amount that adequately

compensates it for their infringement, which by law, cannot be less than a reasonable royalty,

together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

ADDITIONAL ALLEGATIONS

22. Defendants’ actions complained of herein will continue unless Defendants are

enjoined by this Court.

23. Defendants’ actions complained of herein are causing irreparable harm and

monetary damage to Medisyn and will continue to do so unless and until Defendants are

enjoined and restrained by this Court.

JURY DEMAND

Medisyn hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil

Procedure.

PRAYER FOR RELIEF

Medisyn requests that this Court find in its favor and against Defendants, and that this

Court grant Medisyn the following relief:

a. Enter judgment for Plaintiff on this Complaint;

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b. Enter judgment that one or more claims of the ‘043 patent has been directly

infringed by Defendants;

c. Enter judgment that Defendants account for and pay to Medisyn all damages to

and costs incurred by Medisyn because of Defendants’ infringing activities and

other conduct complained of herein;

d. Award Plaintiff damages resulting from Defendants’ infringement in accordance

with 35 U.S.C. § 284;

e. Enter a permanent injunction enjoining Defendants and their officers, directors,

agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents,

and all others acting in active concert or participation with them, from infringing

or inducing infringement of the ‘043 patent, or, in the alternative, judgment that

Defendants account for and pay to Medisyn a reasonable royalty and an ongoing

post judgment royalty because of Defendant’s past, present and future infringing

activities and other conduct complained of herein;

f.

That

Medisyn

be

damages

caused

granted

pre-judgment

and

by

Defendants’

infringing

complained of herein;

post-judgment

activities

and

interest

other

on

the

conduct

g. That Medisyn be granted such other and further relief as the Court may deem just

and proper under the circumstances.

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Dated: April 9, 2014

OF COUNSEL:

Anthony G. Simon Benjamin R. Askew Michael P. Kella Stephanie H. To Timothy D. Krieger The Simon Law Firm, P.C. 800 Market Street, Suite 1700 Saint Louis, Missouri 63101 (314) 241-2929 asimon@simonlawpc.com baskew@simonlawpc.com mkella@simonlawpc.com sto@simonlawpc.com tkrieger@simonalwpc.com

BAYARD, P.A.

/s/ Stephen B. Brauerman Richard D. Kirk (rk0922) Stephen B. Brauerman (sb4952) Vanessa R. Tiradentes (vt5398) Sara E. Bussiere (sb5725) 222 Delaware Avenue, Suite 900 P.O. Box 25130 Wilmington, Delaware 19899 (302) 655-5000 rkirk@bayardlaw.com sbrauerman@bayardlaw.com vtiradentes@bayardlaw.com sbussiere@bayardlaw.com

ATTORNEYS FOR MEDISYN TECHNOLOGIES LLC

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