Medical Records Maintenance Systems Targeted in New Campaign
Preservation Wellness Technologies, LLC initiated its first litigation campaign by filing four suits asserting a single patent (7,640,271) against Allscripts (2:15-cv-01485), Athenahealth (2:15-cv-01486), Epic Systems (2:15-cv-01487), and NextGen Healthcare (2:15-cv-01488). The ‘271 patent relates to a system that allows both doctors and patients to access medical records. Each complaint alleges infringement by defendants’ systems for maintaining medical records. Preservation Wellness pleads as an express point of novelty called out during prosecution of the patent-in-suit a “two way firewall program” that allows the claimed system to limit patient access to certain portions of the medical records maintained. The complaints also explicitly plead that the claims do not seek to patent an abstract idea, do not preempt all ways of allowing secure, selective access to medical records, and do introduce purportedly novel inventive concepts (e.g. the “two way firewall program”), all in an apparent attempt to forestall an Alice-based challenge to validity.