My Health et. al. v. GenerationOne

7/29/2019 My Health et. al. v. GenerationOne

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

Plaintiffs,

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Civil Action No.2: 13-cv-138Y HEALTH, INC. andUNIVERSITY OF ROCHESTER,COMPLAINT FOR PATENT

INFRINGEMENTv.

(J URY TRIAL DEMANDED)GENERATIONONE, INC.,Defendant.

Plaintiffs My Health, Inc. ("My Health") andUniversity of Rochester (collectively"Plaintiffs")bring this action against defendant GenerationOne, Inc. ("GenerationOne"), and allege as follows:

THE PARTIES1. TheUniversity of Rochester isaneducational institution charteredbytheStateofNew

York, with aprincipal office at 601 Elmwood Avenue, Rochester, New York.2. My Health, Inc. is aDelaware corporation having its registered agent and principal

place of business in this district.3. Michael E. Eiffert M.D. ("Dr. Eiffert") isthe CEO of MyHealth and an inventor of

United States Patent No. 6,612,985 entitled "Method and system for monitoring and treating apatient" (the "'985 Patent").

4. On information and belief, GenerationOne is a corporation organized and existingunder the laws of Delaware having itsprincipal place of business at 1000 Town Center, Suite2500,Southfield, Michigan 48705 and an agent registered for service of process known as Corporations

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USA, LLC, located at 341 Raven Circle, Wyoming, Delaware 19934, and is doing business in thisjudicial district.

SUMMARY OF THE CASE

5. The University of Rochester, Dr. Eiffert and Lisa C. Schwartz invented a uniquetechnology that assists healthcare providers in monitoring and treating patients. Consequently, onSeptember 2,2003, the University of Rochester was awarded the '985 Patent.

6. My Health is an early stage company, fostering medical technologies through theproof of concept stage for larger more established entities.

7. My Health focuses on serving asapipeline for new technologies, assistingscientistandengineers inbringing their ideas to fruition and, ultimately, to companies with the expertise tomarketon aglobal scale.

8. OnAugust 1,2008, theUniversity of Rochester granted anexclusivelicenseunder the'985 Patent to My Health.

9. GenerationOne has not been granted alicense or any other rights to the '985 Patent.10. Upon information and belief, GenerationOne has generated significant sales of

products incorporating the University's technology, exposing GenerationOne to significant liabilityfor its infringement of the '985 Patent.

JURISDICTION AND VENUE

11. This is an action for patent infringement arising under the provisions of the PatentLaws of theUnited States of America, Title 35, United States Code. Subject-matter jurisdictionoverPlaintiffs' claims is conferred upon this Court by 28 U.S.C. 1331 and 1338(a).

12. Upon information andbelief, GenerationOne transacted business, contracted tosupplygoods or services, and caused injury to Plaintiffs within Texas and this judicial district, and has

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otherwise purposefully availed itself of the privileges and benefits of the laws of Texas, and is,therefore, subject to jurisdiction of this Court.

13. Upon information and belief, GenerationOne placed its infringing products into thestream of commerce throughout the United States with the expectation that they will be used byconsumers in this judicial district, which products and services havebeen offered for sale, sold, andused in this judicial district.

14. Venue is proper in this judicial district under 28 U.S.C. 139I(b) and (c) andI400(b).

INFRINGEMENT OFU.S. PATENT No. 6,612,98515. The '985 Patent, acopy of which isattached hereto asExhibit A, was duly andlegally

issued by theUnited States Patent and Trademark Office. TheUniversity of Rochester isthe ownerby assignment of all right, title, and interest in and to the '985 Patent. My Health is the exclusivelicensee of the '985 Patent, including the right to sue for and recover all past, present and futuredamages for infringement of the '985 Patent.

16. Upon information and belief, GenerationOne, either alone or in conjunction withothers, has in the past and continues to infringe, contribute to infringement, and/or induceinfringement of the '985 Patent bymaking, using, sellingand/or offering to sell, and/or causingotherstouse, methods and systems, including, but not limited to GenerationOne Mobile Solution("AccusedProduct"), which infringes oneor more claimsof the '985 Patent, including, but not limited to claims1,4, and 7of the '985 Patent. GenerationOne is liablefor infringement of one or more claimsof the'985 Patent, including, but not limited to claims 1,4 and 7, of the '985 Patent pursuant to 35U.S.C. 271.

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17. GenerationOne is liablefor indirect infringement of the' 985Patent byinducingand/orcontributing to direct infringements of the '985 Patent committed by end users of the AccusedProduct.

18. At least fromthetimeGenerationOne received this Complaint, GenerationOne actedwith intent to encourage direct infringements by its end users, and knew or should haveknown thatits actions would induce such direct infringement.

19. At least from the time GenerationOne received this Complaint, GenerationOnecontributed to direct infringements by its endusers as described aboveby knowing that itsAccusedProduct andmethod would be implemented by its end users; that itsmethods, components, systemand Accused Product were designed for acombination covered by one or more claims of the '985Patent; that there areno substantial non-infringing uses; andtheAccused Product isamaterial partofthe infringement.

20. GenerationOne's acts of infringement have caused damage to Plaintiffs, andPlaintiffsare entitled to recover from GenerationOne the damages sustained as aresult of GenerationOne' swrongful acts in an amount subject to proof at trial.

21. As a consequence of the infringement complained of herein, Plaintiffs have beenirreparably damaged in anextent not yet determined andwill continue to be irreparably damaged bysuchacts inthe future unless GenerationOne isenjoined fromcommitting further actsof infringement.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for entry of judgment that:A. GenerationOne has infringed the '985 Patent;

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B. GenerationOne account for andpay to Plaintiffs all damagescausedbyitsinfringementofthe'985 patent in accordance with 35U.S.C. 284;

C. Plaintiffs begranted permanent injunctive relief pursuant to 35U.S.c. 283enjoiningGenerationOne, its officers, agents, servants, employees, and those persons in active concert orparticipation with them from further acts of patent infringement;

D. Plaintiffs begranted pre-judgment andpost-judgment interest onthe damages causedto it by reason of GenerationOne' spatent infringement complained of herein;

E. Plaintiffs be granted their reasonable attorneys' fees;F. Costs be awarded to Plaintiffs; and,G. Plaintiffs be granted such other and further relief as the Court may deemjust and

proper under the circumstances.DEMAND FOR JURY TRIAL

Plaintiffs demand trial byjury on all claims and issues so triable.Respectfully submitted,

Dated: February 15, 2013 By: lsi Elizabeth L. DerieuxS. Calvin CapshawState Bar No. [email protected] L.DeRieuxState Bar No. [email protected], L.L.P.114East Commerce AvenueGladewater, Texas 75647Telephone: (903) 236-9800Facsimile: (903) 236-8787Joseph G. Pia*[email protected] ANDERSONDaRIUS REYNARD&Moss, LLC222 South Main Street Suite 18305


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Salt Lake City, UT 84101Telephone: (801) 350-9000Fax: (801) 350-9010Michael R. Wolford *[email protected] Reynolds Arcade Building16 East Main StreetRochester, New York 14614Telephone: (585) 325-8008Facsimile: (585) 325-8009*ProHac ViceC. Dale QuisenberryState Bar No. [email protected] T. PolasekState Bar. No. [email protected] S. DavidState Bar No. [email protected],QUISENBERRY&ERRINGTON,L.L.P.6750 West Loop South, Suite 920Bellaire, Texas 77401Telephone: (832) 778-6000Facsimile: (832) 778-6010ATTORNEYS FOR PLAINTIFFS

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My Health et. al. v. GenerationOne