On Tuesday, Decapolis Systems, LLC filed a complaint in the Eastern District of Texas against Texas Retina Associates and Surgery Partners, Inc. alleging patent infringement.
According to the complaint, Texas Retina Associates is a Texas professional association and Surgery Partners, Inc. is a Texas corporation. Further, the complaint states that both defendants make, sell, advertise, offer for sale, use or otherwise provide a plurality of electronic healthcare systems, platforms and services, including NextGen’s cloud-based electronic health records and practice management system and software for patients, payers, health registries and insurers.
Decapolis Systems, LLC is a Florida limited liability company and the sole and exclusive owner of two patents for medical billing and diagnostics in which a doctor will upload a final diagnosis and treatment plan to a central processing computer that will process the uploaded information and subsequently update the patients records. Decapolis states that the priority date for each of its patents is at least as early as December 18, 1999 and that the three different patent examiners all agreed and allowed the Decapolis Patents to be prosecuted.
The complaint alleges that the electronic healthcare systems, platforms and services provided and used by the defendants directly infringe upon Decapolis’ rights under its patents. Further, the plaintiff alleges that the infringing use began at least six years prior to initiating this litigation. Further, the plaintiff argues that any further infringement will now be willful after serving the complaint to the defendants.
Accordingly, the plaintiff brings a patent infringement claim against the defendants for each of Decapolis Patents and seeks declaratory and injunctive relief, actual and treble damages, attorney’s fees and costs. The plaintiff is represented by Garteiser Honea, PLLC.
