We represent one of the nation’s leading publicly traded hospital organizations in the drafting and negotiation of a wide range of technology-related agreements, including consulting, software licensing, subscription and master services agreements.
Drafting and Negotiating Healthcare Technology Agreements
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We represented nutritional supplement manufacturing company, Natural Alternatives International, Inc. (Nasdaq: NAII), in a Federal Circuit Court of Appeals case in which our client had brought claims against rival Creative Compounds LLC, accusing Creative Compounds of infringing six of its patents covering various forms of beta-alanine and its use as a muscle-building supplement. The Southern District of California had dismissed the suit, finding the patent claims to be directed toward a product of nature (beta-alanine) and a law of nature (that taking beta-alanine in sufficient quantities builds muscle) and thus patent-ineligible. On appeal, a split panel sided with our client, finding the district court applied too broadly the ineligibility doctrine of the “Alice/Mayo test” and that, although beta-alanine itself can occur as a natural substance, the claims containing beta-alanine as one aspect covered more than an unpatentable natural law.
Law360 provided analysis of the case in the article “Fed. Circ. Clarifies Alice In Reviving Supplement Co.’s IP Suit,” published on March 15, 2019.
Co-counsel to Methodist Le Bonheur Healthcare (MLH) in its efforts to obtain a Certificate of Need (CON) to initiate radiation therapy at its hospital campus located in Germantown, Tennessee
Represented Tivity Health, Inc. in its acquisition of Nutrisystem, Inc.