![]() (“Merger Sub”), committed in an Agreement and Plan of Merger (the “Agreement”) to acquire Bardy Diagnostics, Inc. (“Hillrom”) and its merger subsidiary, Barcelona Merger Sub, Inc. Marooney, Esquire, Alvin Lee, Esquire, Kenneth Fowler, Esquire, Julia Barrett, Esquire and Matthew Bush, Esquire of King & Spalding LLP, New York, New York, Attorneys for Defendants/Counterclaim Plaintiffs Hill-Rom, Inc. Sims, Esquire of Potter Anderson & Corroon LLP, Wilmington, Delaware and Richard T. Berger, Esquire and Steven Guggenheim, Esquire of Wilson Sonsini Goodrich & Rosati, P.C., Palo Alto, California, Attorneys for Plaintiff/Counterclaim Defendant Bardy Diagnostics, Inc. Gagas, Esquire of Wilson Sonsini Goodrich & Rosati P.C., Wilmington, Delaware and David J. 2021-0175-JRS MEMORANDUM OPINION Date Submitted: JDate Decided: JBrad D. HILL-ROM, INC., an Indiana corporation, and BARCELONA MERGER SUB, INC., a Delaware corporation, Defendants/ Counterclaim Plaintiffs. 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.IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE BARDY DIAGNOSTICS, INC., a Delaware corporation, Plaintiff/ Counterclaim Defendant, v. The complaint cites one count of infringement in regard to the ‘743 patent. 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. 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 defendant’s product, VitalPatch, is said to include a Bluetooth transmitter. ![]() ![]() ![]() The ‘743 patent claims the CAM patch as an electrocardiography monitor with Bluetooth abilities and the ability to capture and store electrocardiographic signals. 11,051,743 (the ‘743 patent), which was issued in mid-2021.īardy 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 suit comes following allegations that the defendant infringed on the plaintiff’s patents when they began manufacturing and marketing their VitalPatch product.īardy 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. Friday saw the filing of a complaint in the District of Delaware by Bardy Diagnostics, Inc. ![]()
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