American Well Patents Are Unenforceable

Good news today for the telemedicine industry as the federal courts ruled that American Well’s telemedicine patents are unenforceable in their case against Teladoc. Here’s an excerpt from Mobi Health News on the decision:

It’s looking more and more like the path to victory in the major turf wars of digital health will not be through patent litigation.

Earlier this week, a Massachusetts federal judge Indira Talwani ruled that American Well’s telehealth patents, which the company had sued Teladoc for allegedly infringing, were unenforceably broad. She cited the same Supreme Court precedent, Alice v. CLS Bank, that an ITC judge used to invalidate Jawbone’s patents last month in the tracker company’s battle with Fitbit.

I love the way Jonah Comstock from Mobi Health News described the decision. The path to victory won’t be based on patent litigation. Let’s hope that Jonah is right since patent litigation is an awful way to create a market. That’s true for telemedicine and the health sensor market. There’s a supposed PHR patent out there which needs to be invalidated the same way.

As you can see, I’m not a huge fan of software patents. It’s pretty hard to make the case for the innovation that you’re really trying to accomplish. Plus, far too many software patents are held by patent trolls. In this case, it’s a bit better since American Well has built a legitimate telemedicine business and isn’t just relying on their patent. That’s a good thing and it’s healthy to have Teladoc, American Well, MDLive and others battling it out in the market.

I’m glad to see the federal courts ruling on this. American Well is looking to appeal the decision, so it’s not over yet, but I’m hoping the result of their appeal is the same. We’ll all be better with that patent being unenforcable.

About the author

John Lynn

John Lynn

John Lynn is the Founder of the HealthcareScene.com, a network of leading Healthcare IT resources. The flagship blog, Healthcare IT Today, contains over 13,000 articles with over half of the articles written by John. These EMR and Healthcare IT related articles have been viewed over 20 million times.

John manages Healthcare IT Central, the leading career Health IT job board. He also organizes the first of its kind conference and community focused on healthcare marketing, Healthcare and IT Marketing Conference, and a healthcare IT conference, EXPO.health, focused on practical healthcare IT innovation. John is an advisor to multiple healthcare IT companies. John is highly involved in social media, and in addition to his blogs can be found on Twitter: @techguy.

   

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