On April 20, Manatt been given the decision of the U.S. Courtroom of Appeals, Federal Circuit, on Cerner’s and athenahealth’s charm, the courtroom keeping in favor of our customer CliniComp Global in every single regard.


CliniComp is a privately held, San Diego-centered firm that develops digital wellbeing report (EHR) and other details technological innovation (IT) methods for hospitals, built-in shipping and delivery networks, academic health-related centers and other acute care providers. In 2017, CliniComp filed fit towards Cerner Corp., an EHR engineering business, in the U.S. District Courtroom, Southern District, California, and in 2018, submitted go well with versus athenahealth, an EHR cloud solutions corporation, in the U.S. District Courtroom, Western District, Texas. Both satisfies assert that the defendants infringed CliniComp’s patent covering procedure of an enterprise health and fitness treatment administration procedure.


In 2018, Cerner submitted a petition for inter partes assessment (IPR) with the Patent Demo and Attraction Board (PTAB) hard the validity of the CliniComp patent. Athenahealth afterwards joined that request. At Cerner’s ask for, the litigation in San Diego was stayed pending the consequence of the IPR. Athenahealth, having said that, hardly ever requested a remain and the Texas litigation has proceeded and is now awaiting a post-pandemic trial date. In March 2020, adhering to trial, like a listening to, a 3-judge panel of the PTAB issued a 93-site opinion getting a broad majority of the challenged declare to not be unpatentable.


Cerner and athenahealth appealed the PTAB’s conclusion to the U.S. Court docket of Appeals, Federal Circuit.


In this latest enhancement, the Federal Circuit issued a unanimous per curiam decision, keeping in CliniComp’s favor on all counts. The court affirmed the PTAB’s choice on assert 1 and its dependent statements and ruled that Cerner and athenahealth failed to raise any issue of advantage on the enchantment. The court docket relied on the evidence presented by CliniComp to the PTAB and quoted instantly from the testimony of CliniComp’s technological specialist.


With the validity of CliniComp’s patent confirmed on enchantment, we look forward to acquiring the keep lifted in our circumstance in opposition to Cerner and to continuing our litigation against athenahealth, where by we intend to present a $150 million damages claim ahead of an eight-man or woman jury in the U.S. District Court, Western District, Texas.


Manatt is thrilled with this conclusion and commends engineering and IP litigation associate Amar L. Thakur for top the Manatt crew representing CliniComp, with support from partner Bruce Zisser and counsel Shawn E. McDonald.


For further more info about this decision, be sure to see Law360 and Bloomberg Law’s coverage of this circumstance.



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