Acacia's Body Science sues Boston Scientific Corporation, Philips Electronics over two patents related to remote health monitoring systems

Parties involved 

Body Science LLC has filed litigation lawsuits against providers of remote health monitoring systems, such companies include Boston Scientific Corporation and Philips Electronics. The lawsuits are filed over 2 patents – US7215991, and US6289238. Both the patents deal with the domain of “Wireless medical diagnosis and monitoring”. At least one f the patents, US6289238 was involved in prior litigation – “Motorola versus Nonin medical”, and “Motorola versus Welch Allyn Protocol”. Both the patents have long and complex assignment history. Interestingly, Acacia was owning both the patents at some point of time. It is no surprise that Body Science shares office addresses with Acacia. Both have offices in Frisco, Texas and Newport, California.

Body Science alleges that the accused companies are selling diagnostic and monitoring systems having at least one sensor for detecting an electrical, physical, chemical, or biological property of a patient, a digital-to-analog converter coupled to the sensor for wireless communication with an evaluation station. In a nutshell, both the patents are in the domain of Telehealth Solutions. Products in question include Boston Scientific’s Latitude family of products, Lifewatch’s PMP4 BP Pro, and Polar WearLink. Considering the market size and presence of players like Bosch and Johnson and Johnson, the game is expected to turn more exciting with every passing day.

Though the patents have priority dating back to 1993, PatentBlast analysts believe that most of the products in question do not fall in the territory of the 2 patents, when the claims are analyzed in deeper details. Further, post a preliminary analysis, it was identified by PatentBlast analysts that despite of previously being involved in a litigation, the patents were not subjected to reexamination. Considering the domain of Telehealth Solutions, analysts believe that an invalidity search can roll the dice in defendant’s favor.

Let us wait to see, who all fall for this and who all decide to face it and go stronger.