Court Limits Claim Construction in MyMedicalRecords Patent
Litigation
LOS ANGELES, CA--(Marketwired - May 29, 2014) - MMRGlobal, Inc.
(OTCQB: MMRF), through its wholly owned subsidiary,
MyMedicalRecords, Inc. (collectively, "MMR"), today announced that
on May 28th, the United States District Court, Central District of
California issued a significant order in the MyMedicalRecords, Inc.
patent cases against Quest Diagnostics, Inc., WebMD Health Corp. et
al, Jardogs, LLC and Allscripts Healthcare Solutions, Inc. The
order was issued in advance of an upcoming Markman hearing and
pertains to scheduling of a joint technology tutorial and the
Court's review of a Statement of Joint Claim Construction filed on
May 27, 2014. As part of its review, the Court reminded the parties
of limitation of terms for purposes of claims construction. The
Court found that the joint report included large portions of the
claim language, which the Court said was impermissible and
improper. Therefore, the Court struck the deficient statement and
ordered the parties to resubmit a statement by June 5th, 2014.
According to Robert H. Lorsch, MMRGlobal CEO, "MMR welcomed the
Court's order and looks forward to the filing of a fully compliant
Amended Joint Claim Construction and Prehearing statement. We also
look forward to completion of the Markman process including the
joint technology tutorial only weeks away."
According to Ted Ward, an attorney for MMRGlobal, "MMR views
this order as a significant development in these patent cases,
demonstrating the Court's preference in streamlining this
litigation and forcing the parties to identify and narrow the case
to the most important issues."
The Court also ordered that the technology tutorial hearing,
originally scheduled for July 2, 2014, will now take place on June
18, 2014. The Court expects the parties to meet and confer and
present a tutorial that explains the technology disclosed in the
patents. The tutorial should provide a neutral objective overview
of the technology. (Additional information on filings pertaining to
this case can be found at www.pacer.gov)
MyMedicalRecords, Inc.'s global health information technology
patent portfolio currently includes 11 U.S. patents: U.S. Patent
Nos. 8,121,855; 8,117,045; 8,117,646; 8,301,466; 8,321,240;
8,352,287; 8,352,288; 8,498,883; 8,626,532; 8,645,161 and
8,725,537, which collectively includes over 275 issued claims,
along with additional applications and continuation applications
pending. MMR has also received issued patents and has pending
applications in 11 other countries or regional authorities of
commercial interest including Australia, Canada, Singapore, New
Zealand, Mexico, Hong Kong, China, Japan, South Korea, Israel, and
Europe.
Although MMR's primary business is as a provider and licensor of
health IT products and services, MMRGlobal also has a portfolio of
biotech patents. These pertain to cancer-fighting anti-CD20
monoclonal antibodies under the title, "Antibodies and Methods For
Making and Using Them," issued in the U.S., Mexico, Australia and
South Korea, with patents pending in the U.S., Australia, Brazil,
Canada, China, Hong Kong, India, Europe, Japan and Korea, and
additional patents pertaining to its B-cell idiotype vaccine
worldwide.
About MMRGlobal MMRGlobal, Inc., through its wholly-owned
operating subsidiary, MyMedicalRecords, Inc., provides secure and
easy-to-use online Personal Health Records ("PHRs") and electronic
safe deposit box storage solutions, serving consumers, healthcare
professionals, employers, insurance companies, financial
institutions, retail pharmacies, and professional organizations and
affinity groups. The MyMedicalRecords PHR enables individuals and
families to access their medical records and other important
documents, such as birth certificates, passports, insurance
policies and wills, anytime from anywhere using the Internet.
MyMedicalRecords is built on proprietary, patented technologies to
allow documents, images and voicemail messages to be transmitted
and stored in the system using a variety of methods, including fax,
phone, or file upload without relying on any specific electronic
medical record platform to populate a user's account. MMR's
professional offering, MMRPro, is designed to give physicians'
offices an easy and cost-effective solution to digitizing
paper-based medical records and sharing them with patients through
an integrated patient portal. Through its merger with Favrille,
Inc. in January 2009, MMR acquired intellectual property biotech
assets that include anti-CD20 antibodies and data and samples from
its FavId™/Specifid™ vaccine clinical trials for the treatment of
B-Cell Non-Hodgkin's lymphoma. To learn more about MMRGlobal, Inc.
visit www.mmrglobal.com. View demos and video tutorials of MMR's
products and services at www.mmrtheater.com. Follow us at
Facebook.com/MMRGlobal and Twitter.com/mmrglobal.
Forward-Looking Statements All statements in this press
release that are not strictly historical in nature, including,
without limitation, intellectual property licenses, intellectual
property enforcement actions, infringement claims or litigation,
and future performance, management's expectations, beliefs,
intentions, estimates or projections, constitute "forward-looking
statements." Such forward-looking statements involve known and
unknown risks, uncertainties and other factors that may cause MMR's
actual results to be materially different from historical results
or from any results expressed or implied by such forward-looking
statements. Some can be identified by the use of words (and their
derivations) such as "need," "possibility," "potential," "intend,"
"offer," "development," "if," "negotiate," "when," "begun,"
"believe," "achieve," "will," "estimate," "expect," "maintain,"
"plan," and "continue," or the negative of these words. Actual
outcomes and results of operations and the timing of selected
events may differ materially from the results predicted, and any
reported results should not be considered as an indication of
future performance. Such statements are necessarily based on
assumptions and estimates and are subject to various risks and
uncertainties, including those relating to the possible invalidity
of the underlying assumptions and estimates and possible changes or
developments in economic, business, industry, market, legal and
regulatory circumstances and conditions and actions taken or
omitted to be taken by third parties, including customers,
suppliers, business partners, potential licensees, competitors and
legislative, judicial and other governmental authorities and
officials. Factors that could cause or contribute to such
differences include, but are not limited to: unexpected outcomes
with respect to intellectual property enforcement actions, claims
of intellectual property infringement and general intellectual
property litigation; our ability to maintain, develop, monetize and
protect our patent portfolio for both MMR's health IT and
biotechnology intellectual property assets in the U.S. and
internationally; the timing of milestone payments in connection
with licensing our intellectual property; our ability to establish
and maintain strategic relationships; changes in our relationships
with our licensees; the risk MMR's products are not adopted or
viewed favorably by the healthcare community and consumer retail
market; business prospects, results of operations or financial
condition; risks related to the current uncertainty and instability
in financial and lending markets, including global economic
uncertainties; the timing and volume of sales and installations;
the length of sales cycles and the installation process; the
market's acceptance of new product and service introductions;
competitive product offerings and promotions; changes in government
laws and regulations including the 2009 HITECH Act and changes in
Meaningful Use and the 2010 Affordable Care Act; future changes in
tax legislation and initiatives in the healthcare industry;
undetected errors in our products; the possibility of interruption
at our data centers; risks related to third party vendors; risks
related to obtaining and integrating third-party licensed
technology; risks related to a security breach by third parties;
risks associated with recruitment and retention of key personnel;
other litigation matters; uncertainties associated with doing
business internationally across borders and territories; and
additional risks discussed in MMR's filings with the Securities and
Exchange Commission. MMR is providing this information as of the
date of this release and, except as required by applicable law,
does not undertake any obligation to update any forward-looking
statements contained in this release as a result of new
information, future events or otherwise.
CONTACT: Michael Selsman Public Communications Co.
ms@publiccommunications.biz (310)
922-7033