InfoBionics, BioTelemetry each claim win in patent spat

Both BioTelemetry (NSDQ:BEAT) and digital health startup InfoBionic celebrated victory in their patent fight with each other over wireless cardiac monitoring technology. But the battle is far from over.

Pennsylvania-based BioTelemetry disclosed that the Massachusetts District Court stopped InfoBionic from making, using, marketing or selling in the U.S., or importing into the country, any of its first-generation MoMe Kardia system products.

BioTelemetry also pledged to continue “pending patent infringement claims” against the company’s second-generation MoMe Kardia system, plus claims involving “misappropriation of BioTelemetry’s trade secrets.” BioTelemetry alleges that this happened after “one or more” ex-Biotelemetry executives and employees joined InfoBionic and took part in development of the MoMe Kardia system.

Separately, however, Lowell-Mass.-based InfoBionic touted the court action as successfully resolving “obsolete patent claims.” The company also noted that as part of the agreement, it incurred no damages and “no monies were due” to BioTelemetry.

InfoBionic won the FDA’s 510(k) clearance in March for a second-generation version of the system, which is designed to help diagnose cardiac arrhythmias through a 3-in-1 single piece device that acquires and stores ECG and motion data. That data, in turn, is transmitted through the compony’s cloud-based MoMe Software system for analysis.

InfoBionic’s downplayed court action regarding its first-generation system, a two-piece device. The company said in a release that it decided in August 2015 that it would not commercialize the product anyway, because patients did not like the two-piece system.

Regarding the second-generation MoMe system, InfoBionic said it would “vigorously defend its transformative MoMe Kardia platform against BioTelemetry’s remaining claims.” InfoBionic added that it sees the U.S. Patent Office as already having ruled in its favor.

“The U.S. Patent Office has already found that InfoBionic demonstrated a reasonable likelihood that it will prevail having claims of two BioTelemetry patents declared invalid, and a motion to invalidate the remaining asserted patents is pending in court,” InfoBionic said.

BioTelemetry sells products including mobile cardiac telemetry, as well as event, continuous rhythm, digital Holter and INR self-monitoring.

In May, BioTelemetry closed its $15.5 million acquisition of clinical trial imaging provider VirtualScopics (NSDQ:VSCP).

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