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Medgraph, Inc. v. Medtronic, Inc.

United States Court of Appeals, Federal Circuit

December 13, 2016

MEDGRAPH, INC., Plaintiff-Appellant
v.
MEDTRONIC, INC., Defendant-Appellee

         Appeal from the United States District Court for the Western District of New York in No. 6:09-cv-06610-DGL-MWP, Judge David G. Larimer.

          DAEIUSH Keyhani, Meredith & Keyhani, PLLC, New York, NY, argued for plaintiff-appellant.

          WAYNE M. Barsky, Gibson, Dunn & Crutcher LLP, Los Angeles, CA, argued for defendant-appellee. Also represented by KATHERINE QuiNN DOMINGUEZ, New York, NY.

          Before Loueie, Plager, and TARANTO, Circuit Judges.

          LOURIE, Circuit Judge.

         Medgraph, Inc. ("Medgraph") appeals from the decision of the United States District Court for the Western District of New York, dismissing with prejudice Med-graph's claims of infringement of U.S. Patent 5, 974, 124 ("the '124 patent") and U.S. Patent 6, 122, 351 ("the '351 patent") (collectively, the "asserted patents") against Medtronic, Inc. ("Medtronic"). See Medgraph, Inc. v. Medtronic, Inc., 111 F.Supp.3d 346, 348 (W.D.N.Y. 2015) ("Decision"). For the reasons that follow, we affirm.

         Background

         Medgraph owns by assignment the asserted patents, directed to a method for improving and facilitating diagnosis and treatment of patients, whereby data relating to "medically important variable[s], " for example, blood sugar levels of a diabetic patient, measured from a patient's body, are uploaded onto a computer and transmitted to a central storage device, from which they can be accessed remotely by medical professionals treating the patient. See, e.g., '124 patent col. 3 ll. 35-46.

         Claims 1-15 of the '124 patent are method claims. Claim 1 is representative and reads as follows:

1. A method for improving and facilitating diagnosis and treatment of patients having medical conditions requiring long-term profiles of specific variables, said method including the steps of
using at least one measuring device, periodically taking a measurement of at least one medically important variable that has been identified for a patient from a body of said patient;
ensuring said patient is separated from said at least one measuring device after taking each said measurement;
inputting said at least one medically important variable as raw data into a primary computer system after said step of ensuring said patient is separated and recording said raw data in a mass storage device integrated with said primary computer system;
compiling said raw data as data for said patient using the primary computer system, said data representing a history of values for said at least one medically important variable for said patient;
receiving a request for data of one of said patients from by [sic] a medical practitioner that is treating said one of said patients; and
outputting requested data for said one of said patients in the form of at least one of a chart and a graph to ...

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