Escolar Documentos
Profissional Documentos
Cultura Documentos
“HSC”), by and through its attorneys, for its Original Complaint against Defendants Diamedx,
Inc. d/b/a SIMMS (“SIMMS”); eRAD, Inc. and eRAD Services, Inc. (collectively, “eRAD”);
(“PCCG”); and Seppi Technology Associates LLC (“Seppi”) (collectively, the “Defendants”)
infringing manufacture, use, sale, offering for sale and/or importation of methods and products
interest in and to: United States Patent No. 5,321,520, issued on June 14, 1994 for “Automated
High Definition/Resolution Image Storage, Retrieval and Transmission System” (the “‘520
patent,” a copy of which is attached as Exhibit 1), and United States Patent No. 5,416,602,
issued on May 16, 1995, for “Medical Image System with Progressive Resolution” (the “‘602
3. Each of the Defendants manufactures, provides, sells, offers for sale, imports
and/or distributes infringing Picture Archiving and Communications Systems (“PACS”); and/or
induces others to use its PACS products and services in an infringing manner; and/or contributes
Defendants’ past infringement of the Patents. Plaintiff Hospital Systems further seeks injunctive
relief to prevent Defendants from continuing infringement of Plaintiff’s valuable patent rights.
under the laws of the State of Delaware, with its principal place of business located at 500
its principal place of business located at 243 College Street, Suite 100, Toronto, Ontario, M5T
2
1R5, Canada. Defendant SIMMS conducts business within the State of Texas but has not
designated an agent for service of process in this State. Accordingly, Defendant SIMMS can be
served with process by serving its registered agent for service of process at 243 College Street,
business located at 1511-1525 Hamilton Road, Allentown PA, 18102-39. Defendant eRad
Services, Inc. conducts business within the State of Texas but has not designated an agent for
service of process in this State. Accordingly, eRad Services, Inc. can be served with process by
serving its President, Peter Karoly, 1511-1525 Hamilton Road, Allentown PA, 18102-39.
located at 9 Pilgrim Road, Greenville, South Carolina 29607. Defendant eRad, Inc. conducts
business within the State of Texas but has not designated an agent for service of process in this
State. Accordingly, eRad, Inc. can be served with process by serving its registered agent for
service of process, Roy Miller, 1511-1525 Hamilton Road, Allentown PA, 18102-39.
located at 2800 Rockcreek Parkway, Kansas City, Mo. 64117. Defendant Cerner can be served
with process by serving its registered agent for service of process at The Corporation Trust
11. Defendant DR Systems, Inc. is a California corporation with its principal place of
business located at 10140 Mesa Rim Road, San Diego, California 92121. Defendant DR
Systems can be served with process by serving its registered agent for service of process Rick
3
12. Defendant I3 is a Nevada corporation with a place of business located at 30
Hackamore Lane, Ste. 6, Bell Canyon, California 91307. Defendant I3 can be served with
process by serving its registered agent for service of process at Incorp Services, Inc., 375 N
principal place of business located at 1130 Lepine, Saint-Laurent Stn., Quebec H4L 4V4,
Canada. Defendant Softmedical conducts business within the State of Texas but has not
designated an agent for service of process in this State. Accordingly, Defendant Softmedical can
be served with process by serving its registered agent for service of process at 1130 Lepine,
14. Defendant PCCG is a Florida corporation with a place of business located at 2750
Coral Way Ste 204, Miami, FL 33145. Defendant PCCG can be served with process by serving
its President, Carter J. Posner, at 2750 Coral Way Ste 204, Miami, FL 33145.
15. Defendant Seppi is a Texas corporation with a place of business located at 4747
Research Forest Dr., Suite 180-317; The Woodlands, Texas 77381. Defendant Seppi n be served
with process by serving Jeffrey S. Seppi Sr., 4747 Research Forest Dr., Suite 180-317; The
4
III. JURISDICTION AND VENUE
16. This is an action for patent infringement which arises under the Patent Laws of
the United States, in particular, 35 U.S.C. §§271, 281, 283, 284 and 285. This Court has
jurisdiction over the subject matter of this action under 28 U.S.C. §§1331 and 1338(a).
17. This Court has personal jurisdiction over each of the Defendants, and venue is
18. The Patents disclose a medical image storage, retrieval and transmission system
and method for providing simultaneous automated access to a common database by a plurality of
remote subscribers upon request. The database may include medical images such as digitized X-
ray images. The remote site requests selective transmission of the requested digitized
information from the image data storage and retrieval subsystem to the requesting visual display
19. Hospital Systems has obtained all substantial right and interest to the Patents,
including all rights to recover for all past and future infringements thereof.
V. DEFENDANTS’ ACTS
SIMMS
20. SIMMS manufactures, provides, sells, offers for sale and/or distributes infringing
PACS systems. The infringing SIMMS PACS systems include, but are not limited to, systems
marketed under the names SIMMS PACS and related products. SIMMS provides services,
specifications and instructions for the installation and operation of such systems to its customers.
5
21. Through its actions, SIMMS has infringed the Patents and actively induced others
to infringe and contributed to the infringement by others of the Patents throughout the United
States.
22. Neither Hospital Systems nor any of its predecessors in interest in and to the
Patents has granted SIMMS a license or any other right to make, use, offer for sale, sell or import
23. Hospital Systems has been and will continue to suffer damages as a result of
eRAD
24. eRAD manufactures, provides, sells, offers for sale and/or distributes infringing
PACS systems. The infringing eRAD PACS systems include, but are not limited to, systems
marketed under the name eRAD PACS and related products. eRAD provides services,
specifications and instructions for the installation and operation of such systems to its customers.
25. Through its actions, eRAD has infringed the Patents and actively induced others
to infringe and contributed to the infringement by others of the Patents throughout the United
States.
26. Neither Hospital Systems nor any of its predecessors in interest in and to the
Patents has granted eRAD a license or any other right to make, use, offer for sale, sell or import
6
27. Hospital Systems has been and will continue to suffer damages as a result of
Cerner
28. Cerner manufactures, provides, sells, offers for sale and/or distributes infringing
PACS systems. The infringing Cerner PACS systems include, but are not limited to, systems
marketed under the name ProVision PACS, ProVision Web and related products. Cerner
provides services, specifications and instructions for the installation and operation of such
29. Through its actions, Cerner has infringed the Patents and actively induced others
to infringe and contributed to the infringement by others of the Patents throughout the United
States.
30. Neither Hospital Systems nor any of its predecessors in interest in and to the
Patents has granted Cerner a license or any other right to make, use, offer for sale, sell or import
31. Hospital Systems has been and will continue to suffer damages as a result of
DR Systems
32. DR Systems manufactures, provides, sells, offers for sale and/or distributes
infringing PACS systems. The infringing DR Systems PACS systems include, but are not
limited to, systems marketed under the name Unity, Web Dominator and related products. DR
7
Systems provides services, specifications and instructions for the installation and operation of
33. Through its actions, DR Systems has infringed the Patents and actively induced
others to infringe and contributed to the infringement by others of the Patents throughout the
United States.
34. Neither Hospital Systems nor any of its predecessors in interest in and to the
Patents has granted DR Systems a license or any other right to make, use, offer for sale, sell or
35. Hospital Systems has been and will continue to suffer damages as a result of
36. I3 manufactures, provides, sells, offers for sale and/or distributes infringing PACS
systems. The infringing I3 PACS systems include, but are not limited to, systems marketed
under the name ImageQube Web-based PACS, Rational Imaging PACS and related products. I3
provides services, specifications and instructions for the installation and operation of such
37. Through its actions, I3 has infringed the Patents and actively induced others to
infringe and contributed to the infringement by others of the Patents throughout the United
States.
8
38. Neither Hospital Systems nor any of its predecessors in interest in and to the
Patents has granted I3 a license or any other right to make, use, offer for sale, sell or import the
39. Hospital Systems has been and will continue to suffer damages as a result of
Softmedical
40. Softmedical manufactures, provides, sells, offers for sale, imports and/or
distributes infringing PACS systems. The infringing Softmedical PACS systems include, but are
not limited to, systems and software marketed under the names RIS FLO System, PACS FLO
Viewer, Proxy, and all other versions, variations and components of the RIS/PACS FLO System.
Softmedical provides related services, specifications and instructions for the installation and
41. Through its actions, Softmedical has infringed the Patents and actively induced
others to infringe and contributed to the infringement by others of the Patents throughout the
United States.
42. Neither Hospital Systems nor any of its predecessors in interest in and to the
Patents has granted Softmedical a license or any other right to make, use, offer for sale, sell or
43. Hospital Systems has been and will continue to suffer damages as a result of
9
PCCG
44. PCCG manufactures, provides, sells, offers for sale and/or distributes infringing
PACS systems. The infringing PCCG PACS systems include, but are not limited to, systems
marketed under the name PCCG Web-PACS, PCCG Enterprise PACS and related products.
PCCG provides services, specifications and instructions for the installation and operation of such
45. Through its actions, PCCG has infringed the Patents and actively induced others
to infringe and contributed to the infringement by others of the Patents throughout the United
States.
46. Neither Hospital Systems nor any of its predecessors in interest in and to the
Patents has granted PCCG a license or any other right to make, use, offer for sale, sell or import
47. Hospital Systems has been and will continue to suffer damages as a result of
Seppi
10
48. Seppi manufactures, provides, sells, offers for sale and/or distributes infringing
PACS systems. The infringing Seppi PACS systems include, but are not limited to, systems
marketed under the name sepStream EMR/RIS/PACS Solutions and related products. Seppi
provides services, specifications and instructions for the installation and operation of such
49. Through its actions, Seppi has infringed the Patents and actively induced others to
infringe and contributed to the infringement by others of the Patents throughout the United
States.
50. Neither Hospital Systems nor any of its predecessors in interest in and to the
Patents has granted Seppi a license or any other right to make, use, offer for sale, sell or import
51. Hospital Systems has been and will continue to suffer damages as a result of
COUNT ONE
PATENT INFRINGEMENT
52. Plaintiff Hospital Systems realleges and incorporates herein paragraphs 1-51.
54. Defendants have indirectly infringed the Patents by inducing the infringement of
55. Upon information and belief, Defendants have jointly infringed the Patents.
11
56. Defendants’ aforementioned acts have caused damage to Hospital Systems and
12
Respectfully submitted,
________________________
Eric M. Albritton
Texas State Bar No. 00790215
Adam A. Biggs
Texas State Bar No. 24051753
Debra Coleman
Texas State Bar No. 24059595
Matthew C. Harris
Texas State Bar No. 24059904
ALBRITTON LAW FIRM
P.O. Box 2649
Longview, Texas 75606
Telephone: (903) 757-8449
Telecopier: (903) 758-7397
ema@emafirm.com
aab@emafirm.com
drc@emafirm.com
mch@emafirm.com
Andrew G. DiNovo
Texas State Bar No. 00790594
Adam G. Price
Texas State Bar No. 24027750
DiNovo Price Ellwanger & Hardy LLP
7000 N. MoPac Expressway, Suite 350
Austin, Texas 78731
Telephone: (512) 539-2626
Telecopier: (512) 539-2627
13