The MMRGlobal patent disputes have been continuing for a couple of years now and I was curious to take a look and see if I could understand some of this a little better by looking at the court document filed. I read through it and there’s several sections where the “terminology” is questioned and sometimes disputed. This is a lot of work and a lot of legal time spent it appears to me. Now to bring you up to date, some of the license cases have already been settled. Below are a couple back links for the history on this case.
MMRGlobal-A Day Federal Court Along With Quest Diagnostics, Jardogs, Allscripts and WebMD - Patent Testimony Information
MMRGlobal(MyMedicalRecords) Files Patent Infringement Against Allscripts Medical Records Relative To the Universal Health Record Technologies in Use
MMRGlobal has already settled with some of the other parties and here’s a couple examples at the links below. As I understand the settlement values are confidential so I can’t offer any additional information there other than the fact that the cases settled. A Marksman Hearing is a pretrial hearing in US District Court where a judge examines evidence from all parties relevant to key words in patent claims and this is where we are at here with the 3rd brief filing. A Marksman Hearing is also known as a “Claim Construction Hearing” and this is where this lies at present.
In reading the brief filed with the courts here we have a small company like MMRGlobal as a “David” figure going up against the Goliath’s if you will and this certainly makes some kind of statement today for the value of intellectual properties. MMRGlobal’s original patents go back to 2005 with their initial filings. I’m amazed at the “staying power” that the full investigation seems to have.
From the other side of the coin you might ask too “why in the world are the big corporations spending all this time and money”? Could not one of them just come in and offer to buy MMRGlobal and be done with all of this? I don’t know what the costs of the legal fees are here nor could I even say that the idea of an offer might have even crossed anyone’s mind but you do begin to wonder. Again after seeing the other two settlements being a done deal, why is the exact language that’s shown in the document some kind of a sticking point and is this yet another example of some dire complexities that drag things out further?
I guess you could say too that if the patents are in fact legal and binding and in place, this stands to say something about the use of a full investigation to get to the bottom of what is valid intellectual property. So in a couple weeks the next, and I believe final hearing with a judge will take place as a Marksman Hearing and then it’s the legal system’s case to make the final decision. The legal brief cites Walgreens and others but when you get down to the bottom of the document below, it appears verbiage here is more specific to Allscripts and Quest.
Anyway, again the time and effort big corporations are spending here seems to be intense and expensive. So again, why doesn’t one of these companies just put themselves out their legal misery and make MMRGlobal a buy offer and end it all, or maybe that’s a tough decision call, as then the two could dispute the value of the intellectual property patents among themselves and debate about who could get to buy MMRGlobal as well:) Stay tuned…..BD