By: Daily Record Staff//July 15, 2015
By: Daily Record Staff//July 15, 2015//
U.S. District Court, WDNY
Direct vs. Indirect – Induced Infringement
Medgraph, Inc. v. Medtronic, Inc.
Background: The case involves two patents concerning health care technology. The patents related to a method whereby medical practitioners or patients taking readings of certain variable data, input the data into a computer, and transmit the data to a central storage device to be accessed by medical professionals who treat the patient. The plaintiff alleges that the defendant infringed on this system with software in which diabetes patients can upload blood glucose readings to a central computer. The defendant argues that it merely manufacturers and distributes the system with instructions on use; it does not provide direct patient care.
Ruling: The District Court granted the defendant’s motion for summary judgment. The court found that there is no evidence of direct infringement and there has been no showing that the defendant acted as a mastermind by controlling or directing anyone else’s direct infringement. Further, the court found that without an act of direct infringement, there cannot be any induced infringement.
Dariush Keyhani and Sidney R. Bresnick of Meredith & Keyhanit for the plaintiff; Azar Mouzari, Wayne Barsky, Kareem Ghanem and Andrew Demko of Gibson, Dunn & Crutcher, Eric J. Ward and Jeffrey J. Harradine of Ward Greenberg Heller & Reidy, and Laura A. Myers of Thomas & Solomon for the defendant