Friday saw the filing of a complaint in the District of Delaware by Bardy Diagnostics, Inc. against Vital Connect, Inc. The suit comes following allegations that the defendant infringed on the plaintiff’s patents when they began manufacturing and marketing their VitalPatch product.
Bardy is the “developer of an industry leading electrocardiography monitor called the CAM patch.” The rights, title, and interest of the monitor is protected by U.S. Patent No. 11,051,743 (the ‘743 patent), which was issued in mid-2021.
Bardy alleges that the defendant, VitalConnect, is infringing on the aforementioned patent by manufacturing and marketing their product under the names “VitalPatch or VitalConnect Sensor, including without limitation the VitalPatch Biosensor, VitalPatch 1.0, VitalPatch1.5, VitalPatch 2.0, VitalPatch RTM, and/or any other versions thereof.”
The ‘743 patent claims the CAM patch as an electrocardiography monitor with Bluetooth abilities and the ability to capture and store electrocardiographic signals. The defendant’s product, VitalPatch, is said to include a Bluetooth transmitter. VitalPatch is a wearable device intended to collect data regarding a patients “heart rate, electrocardiographic signals, respiratory rate, body temperature, skin temperature, and activity such as step count.”
The complaint asserts that the defendant’s VitalPatch meets every claim of the ‘743 patent, meaning that the defendant has “indirectly infringed” on the patent-in-suit by “actively and knowingly inducing patients to use the VitalPatch.” The defendant has allegedly been aware of their purported infringement since the filing of the Complaint.
The complaint cites one count of infringement in regard to the ‘743 patent. Bardy is seeking favorable judgment, preliminary and permanent injunctive relief, damages, litigation fees, prejudgment interest, a trial by jury, and more.The plaintiff is represented by Potter Anderson & Corroon LLP and Riley Safer Holmes & Cancila LLP.
