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.
M. Barsky, Gibson, Dunn & Crutcher LLP, Los Angeles, CA,
argued for defendant-appellee. Also represented by KATHERINE
QuiNN DOMINGUEZ, New York, NY.
Loueie, Plager, and TARANTO, Circuit Judges.
LOURIE, Circuit Judge.
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,
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.
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
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
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
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 ...