The Cleveland Clinic Foundation et al v. True Health Diagnostics LLC

Filing 98

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)

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.