Ropes & Gray IP Litigation Team Wins Contempt Trial on Behalf of CardioNet (BioTelemetry) Against MedTel24
District Court Finds MedTel24 Violated Patent Infringement Consent Judgment
Following oral argument on May 7, a 30-day period of discovery, and a bench trial on September 21 and 29, the Hon. Juan R. Sanchez of the Eastern District of Pennsylvania issued a October 2, 2015 Order finding MedTel24, Inc. in contempt of a patent infringement Judgment entered by the same court in January 2014. MedTel is ordered to deliver to CardioNet, within 21 days, all software, source code, hardware, and documentation related to MedTel’s accused Heartrak ECAT system for monitoring cardiac signals. The Order also provides for a fine of $10,000 per day against each of MedTel and the CEO of MedTel, for each day beyond the 21 days that MedTel fails to deliver the materials. A separate Order is expected that will address MedTel’s other violations of the judgment and CardioNet’s requests for lost profits, expenses, attorneys’ fees, and sanctions against MedTel and its attorneys.
This Order follows years of litigation between CardioNet and MedTel in the field of mobile cardiac telemetry. CardioNet filed a patent infringement suit in May 2012 against multiple defendants, including MedTel. In January 2014, one day before trial was set to begin, all defendants entered a Consent Judgment declaring that all five asserted CardioNet patents are valid, enforceable, and infringed. The Judgment provided MedTel a one-year period to phase out its infringing Heartrak ECAT cardiac monitoring system. But at the end of that year, MedTel continued its infringing activities and instead challenged the enforceability of the Judgment. Simultaneously, CardioNet filed a motion for contempt of the Judgment and for damages and sanctions against MedTel. On July 22, 2015, the Court upheld the enforceability of the Judgment.
CardioNet is a pioneer in the field of mobile cardiac telemetry, and has invested well over $100 million in developing and commercializing its patented technology. After CardioNet introduced its flagship product, the MCOT (Mobile Cardiac Outpatient Telemetry), to the market, many companies began offering their copycat products. The litigation against MedTel is one in a series of patent infringement actions brought by CardioNet to enforce its hard-earned patents, including against MedNet Healthcare Technologies, Inc., HeartCare Corp. of America, Universal Medical Inc., Universal Medical Laboratory, Inc., RhythmWatch LLC, AMI Cardiac Monitoring, Inc., The ScottCare Corporation, Ambucor Health Solutions, Inc., and InfoBionic, Inc.