The Cleveland Clinic Foundation et al v. True Health Diagnostics LLC, No. 1:2017cv00198 - Document 98 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION: For these reasons, defendant's Motion to Reconsider will be granted and Counts 1 and 2 will be dismissed by an appropriate order to be issued with this Memorandum Opinion. Signed by District Judge Leonie M. Brinkema on 8/4/17. (yguy)
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The Cleveland Clinic Foundation et al v. True Health Diagnostics LLC Doc. 98 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division THE CLEVELAND CLINIC FOUNDATION, rtd,, Plaintiffs l:17-cv-198 (LMB/IDD) V. TRUE HEALTH DIAGNOSTICS, LLC, Defendant. MEMORANDUM OPINION Plaintiffs The Cleveland Clinic Foundation ("CCF") and Cleveland Heartlab, Inc. ("CH") (collectively, "plaintiffs"), have filed a three-count complaint for patent infringement against defendant True Health Diagnostics, LCC ("True Health" or "defendant"), alleging that the defendant's procedures for diagnosing atherosclerotic cardiovascular disease ("CVD")' infringe three patents owned by the plaintiffs: U.S. Patent 9,575,065 ("the '065 patent") (Count 1); U.S. Patent 9,581,597 ("the '597 patent") (Count 2); and U.S. Patent 9,612,242 ("the '242 patent") (Count 3). Defendant moved to dismiss all three counts, arguing that the patents asserted in the first two counts are directed to an unpatentable natural law, and that plaintiffs did not adequately plead that defendants infringe the patent asserted in the third count. On June 9, 2017, the Court denied that motion without prejudice for two reasons. First, an appeal was still pending before the Federal Circuit in a related civil action in which the Northern District of Ohio held the parent patent of the '065, '597, and '242 patents to be invalid. As a matter of prudence and judicial ^According to the specification ofthe '065 patent, CVD "isthe general term for heart and blood vessel diseases, including atherosclerosis, coronary heart disease, cerebrovascular disease, and peripheral vascular disease. Cardiovascular disorders are acute manifestations of CVD .... CVD accounts for one in every two deaths in the United States and is the number one killer disease." [Dkt. 35-1] at C0000318. Dockets.Justia.com
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