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Intellectual Property
Patent Infringement

Clinicomp International Inc. v. Cerner Corporation

Published: Feb. 10, 2023 | Result Date: Nov. 16, 2022 | Filing Date: Dec. 11, 2017 |

Case number: 17-cv-02479-GPC (DEB) Summary Judgment –  Defense

Judge

Gonzalo P. Curiel

Court

USDC Southern District of California


Attorneys

Plaintiff

Bruce R. Zisser
(Manatt, Phelps & Phillips, LLP)

Amardeep L. Thakur
(Manatt, Phelps & Phillips LLP)

Shawn E. McDonald
(Manatt, Phelps & Phillips LLP)


Defendant

Jason K. Yu
(Orrick, Herrington & Sutcliffe LLP)

Jared Ben Bobrow
(Orrick, Herrington & Sutcliffe LLP)

Diana M. Rutowski
(Orrick, Herrington & Sutcliffe LLP)

Benjamin H. Austin
(Orrick, Herrington & Sutcliffe LLP)

Ryan J. Williams
(Shook, Hardy & Bacon LLP)

B. Trent Webb
(Shook, Hardy & Bacon LLP)

Robert H. Reckers
(Shook, Hardy & Bacon LLP)

Kyle E. Friesen
(Shook, Hardy & Bacon LLP)

Sharon A. Israel
(Shook, Hardy & Bacon LLP)


Facts

By assignment, CliniComp International owns U.S. Patent No. 6,665,647 (the '647 Patent). That patent, entitled "Enterprise Healthcare Management System and Method of Using Same," describes a healthcare management system for healthcare enterprises that would consolidate older, legacy software applications and new software applications together to create one software platform, thereby preserving existing applications while phasing in updated applications on the same system. On December 11, 2017, CliniComp filed a complaint for patent infringement against Cerner Corporation alleging infringement of the '647 Patent. On March 26, 2020, the Patent Trial and Appeal Board issued a final written decision determining that claims 1-25 of the '647 Patent were patentable, which was affirmed by the Federal Circuit. On September 19, 2022, Cerner Corporation filed a motion for summary judgment of non-infringement. Cerner supplies health information technology services, devices and hardware. Cerner's primary electronic health records platform, Millenium, used two delivery services--CommunityWorks and PowerWorks. Cerner's Lights On Network also furnished a cloud-based solution that rendered data analytics for Millenium customers.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant's CommunityWorks, PowerWorks and Lights on Network Services infringed independent claim 1 of the '647 Patent. Specifically, plaintiff argued that one of the key features of the patent was that the user and the user device were not required to be within the same physical location but rather could be remote from the healthcare enterprise.

DEFENDANT'S CONTENTIONS: Defendant contended that claim 1 required accessibility to the end user device in the enterprise facility, thereby necessitating that the device be physically located within the physical location, not remote as plaintiff argued.

Result

The court granted defendant's motion for summary judgment of non-infringement.


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