Doctor Sues Former Business for Failure to Pay Royalties


On Tuesday a case was filed in the Eastern District of Michigan by a doctor against Pursuant Health, Inc. The case is regarding patent infringement and theft of trade secrets regarding an ophthalmic diagnostic apparatus.

According to his complaint, the plaintiff became a partner in a business arrangement called SoloHealth, which had the goal of providing diagnostic services via Health and Wellness Kiosks in retail locations in North America.

The plaintiff’s contribution to the arrangement was the patent and trade secrets for a automatic retinal scanner that could test for medical issues such as diabetic retinopathy. The remaining partner was to seek capital, manufacturing, and marketing of the free standing kiosks. Included in the contract was a provision that the plaintiff was to receive a 1% royalty in perpetuity, regardless of the term of the remainder of the contract.

After the contract termed, SoloHealth reorganized and became Pursuant Health, but has failed to pay the perpetual royalty according to the original business model.

Plaintiff suing for declaratory judgment, breach of contract, and unjust enrichment. The plaintiff is represented by Inosencio & Fisk PLLC.