...that are ‘pivoting’ (a polite term for retrenching) because their data, once generated, does not back their idea. Other matters needing resolution, and added by Mr. Loncar, are regulatory (FDA, FCC) and privacy standards. “HIPAA must be tackled sooner rather than later”–and it is not as difficult as many say. When queried by this Editor about the danger of patent trolls, it was felt by the panel that at this point, with companies of small size, they were unattractive since there was little in assets to go after. (However, after the conclusion of the presentation, an attorney in the audience... Continue Reading
Search Results for "patent troll"
Telehealth Soapbox: Protecting your IP and patents online
This is the second of an occasional series on US law and intellectual property (IP) as it affects software and systems used in health technology. This article is an overview of the issues surrounding and actions you should take to protect your proprietary website, software and patents. Especially for early stage companies, the last has grown in importance with ‘patent trolls’ demanding settlement fees for claimed infringement. Mark Grossman, JD, has nearly 30 years of experience in business law and began focusing his practice on technology over 20 years ago. He is an attorney with Tannenbaum Helpern Syracuse & Hirschtritt... Continue Reading
PHRs, ‘meaningful use’ and patent infringement (US)
...almost to the hairline, your Editor has to admit their actions are quite different from your usual non-operating ‘patent troll’ which preys on vulnerable early-stage companies [TA 10 Feb]. MMRG’s big legal actions are to hook ‘big tunas’–Walgreens, WebMD–plus ‘investigations’ of the Australian and Singapore Governments, based on its seven US and international patents building up in their portfolio since 2005. They have also announced similar scrutiny of Microsoft and AARP for their projected joint PHR. [TA 10 Feb, 20 Feb] But…there’s more. Mr. Lorsch proceeds to draw the proverbial line in the sand for hospitals and practices which intend... Continue Reading
MMRGlobal IP infringement lawsuits, allegations continue
Personal Health Record (PHR) patent holder and penny-stock company MMRGlobal [TA 10 Feb] continues to keep law firms in the US, Australia and now Singapore very busy with various complaints of patent infringement, demanding monetary damages, a permanent injunction and presumably, a lucrative licensing deal. Last week, MMRG filed in US District Court, Central District of California against health giant WebMD for their online PHR, claiming that from meetings dating back to 2007, WebMD incorporated “features and functionality that are the subject of MMR’s patents”. Today’s MMRG press release now highlights the Singapore Ministry of Health (with associated health agencies),... Continue Reading
‘Patent trolls’: will they pounce on your company?
Ray Felts of crowdsource patent-research company Article One Partners shines a spotlight, along with mHIMSS and your editors, on the plague of what he terms ‘patent trolls’ attacking early-stage companies. Trolls are defined as non-practicing entities (NPEs) that don’t actually create or market products. Rather they buy up patents for licensing purposes and to collect related fees, but their real business is, in Mr. Felts’ words, holding up startups for settlements: “The patent troll threatens to sue for significant royalties. The financial threat, business distraction and cost of defending the company disposes the startup to a lower settlement. Faced with... Continue Reading
Not quite a ‘patent troll’ but a view of an endgame?
Last fall/autumn (23 Oct), we noted that one company has developed the interesting tactic of going after users of health tech to gain fees. This was the curious case of one penny-stock company, patent holder and personal health record (PHR) developer MMRGlobal, sending out 250 letters per week to EHR/EMR users–practices, hospitals and notably pharmacies–to notify them of possible patent violations they were committing by using their contracted system, without licensing fees paid to MMR Global, and offering them licenses. As of late November the total was over 1,000. (FierceEMR, 28 Nov 12) The evident aim of this fishing expedition... Continue Reading
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