MMRGlobal adds one more complaint to their portfolio of patent violations. This time it’s the medical records vendor Allscripts and this appears to be related to the complaint filed back in May of this year that was specific to the Jardogs technologies being used for the “Follow My Health” Universal record. As the press release states Allscripts now owns Jardogs and thus I would assume they have full ownership and the link below shows the Jardogs complaint.
In addition MMRGlobal’s complaint also contends that Allscript’s responsibility also continues in the areas of distribution with resellers and agents continues to be in further violation of the patents. Allscripts as you may remember was purchased by Mysis back in October of 2008.
Then in 2010 Mysis sold out and went into the banking business to allow Allscripts to merge with Eclipsys and we all know what happened there a couple years ago with merging 2 monster IT infrastructured software systems as it cost the CEO his job at Allscripts when they lied to shareholders on the progress of the programming work. Anyway it was also interesting to see the name Misys turn up again when I was reporting on the Greenway private equity deal as Misys is one of the portfolio companies of Vista Equity Partners and does banking software and consulting now.
Also in the news this week Allscripts is joining up with Inovalon, another one of those data selling consultants to where medical record information can be sold for profit. Anymore it is analytics, data selling or both? They join Walgreens who is one of the most successful data sellers out there making about a billion a year selling our data to who knows where sometimes. The new HIPAA rule also stand to run some interference here too now as patients can request their medical records not be shared and there’s no IT infrastructure built anywhere to facilitate this..you can read more about the digital doctor’s “little drawer of paper charts” here.
AllScripts Joins Walgreens In Providing More Electronic Medical Record Data for Sale for Payers and Researchers With Another Analytics Firm
Again coming back around to the patent violations would those who are resellers too eventually be liable? It’s just a question that popped into my head as there are quite a few of them out there. BD
LOS ANGELES, CA -- (Marketwired) -- 09/24/13 -- MyMedicalRecords, Inc., a wholly owned subsidiary of MMRGlobal, Inc. (OTCQB: MMRF) (collectively, "MMR"), today announced the filing of a complaint for patent infringement against Allscripts Healthcare Solutions, Inc. The complaint states that Allscripts provides health information services to consumers and healthcare providers and is infringing on MMR's Personal Health Records (PHR) patents including U.S. Patent No. 8,301,466, entitled "Method and System for Providing Online Records," and U.S. Patent No. 8,498,883, entitled "Method for Providing a User with a Service for Accessing and Collecting Prescriptions." According to the complaint, Allscripts acquired all or substantially all the assets of Jardogs, LLC in or about March 2013. As a result of the transaction, Allscripts provides products and services under the FollowMyHealth™ Universal Health Record, described by Jardogs as the "next generation of patient portals, combining patient-provider communication with a patient managed personal health record." The complaint, filed in the United States District Court for the Central District of California, case number CV13-7052-SBW, on September 23, 2013, seeks monetary damages as well as a permanent injunction and is available on the court's website http://www.pacer.gov/.
MMR believes that Allscripts infringes on its patents through the sale of FollowMyHealth along with other health information services for consumers and healthcare providers, including but not limited to, other Allscripts patient portals, The complaint alleges that Allscripts has directly infringed and continues to infringe, the '466 Patent and the '883 Patent by making, using, offering for sale, and/or selling in the United States certain methods or systems disclosed and claimed in the '466 and '883 Patents, including, but not limited to, the FollowMyHealth product. The complaint alleges that, for example, Allscripts FollowMyHealth product implements a method for providing a user with the ability to access and collect Personal Health Records associated with the user in a secure and private manner, according to one or more claims of the '466 Patent; and implements a method for providing a user with an ability to access, collect, and/or manage drug prescriptions associated with the user in a secure and private manner, according to one or more claims of the '883 Patent.
According to Robert H. Lorsch, MMRGlobal CEO, "This complaint is in addition to the one MMR announced on May 20th against what remains of Jardogs, which is still pending. While MMR's business is primarily selling our Personal Health Record products and services, we remain focused on the monetization of our patents and other intellectual property both domestically and internationally. To accomplish our goals, we are continually meeting with EMR vendors, large hospital groups, retail pharmacies, laboratory systems, EHR and PHR vendors, and other healthcare professionals in our efforts to sell MMR's products and services and monetize our patents and other intellectual property."
The complaint also alleges that Allscripts, while infringing on MMR's patents, has also induced and continues to induce others including distributors, agents, resellers and users to directly infringe one or more claims of both the '466 and '883 Patents.