Federal Court Rules Millennium Health Infringes Patent Exclusively Licensed to Ameritox
BALTIMORE, March 12, 2015 /PRNewswire/ -- Ameritox, the nation's leader in medication monitoring solutions, today announced that a Federal District Court found Millennium Health (formerly Millennium Laboratories) to have infringed U.S. Patent No. 7,585,680 (the '680 Patent). Ameritox holds exclusive rights to the '680 Patent, developed by doctors and owned by a non-profit healthcare organization.
The '680 Patent covers a method for monitoring medication usage. The patent covers Ameritox's Rx Guardian CDSM service and reports, which offer unmatched insight into whether a patient may be taking prescribed medications correctly. The Rx Guardian CD process compares individual patient test results against data from a population of patients who have been clinically assessed as adherent to their medication(s).
Ameritox launched its Rx Guardian CD service on May 16, 2011. Three weeks later, Millennium unveiled its infringing urine drug testing services, including its RADAR® Report with graphed results, which also compares individual patient test results to a population of patients.
The Chief Judge of the Western District of Wisconsin, William M. Conley, wrote in his Summary Judgment Order: "While ... shortcomings in the data used in Millennium's RADAR® Report may well make for an inferior product, they do not render the product non-infringing." The judge also explained why Millennium's urine drug testing services as displayed in its RADAR® Report infringe the '680 Patent. He wrote that he found Millennium's arguments to the contrary "wholly unpersuasive."
After the '680 Patent was issued by the U.S. Patent and Trademark Office, Millennium twice sought reexamination of the patent in an effort to have it invalidated. On both occasions, the Patent Office confirmed its validity.
The Court's decision in Wisconsin marks the second time within a year that a Federal Court has ruled against Millennium. In June, a judge and jury in the Middle District Court of Florida, found Millennium in violation of the federal Anti-Kickback Statute and Stark laws – for offering doctors free Point-of-Care Testing cups, which amounted to illegal kickbacks for business. In that case, Ameritox was awarded more than $11 million in damages.
About Ameritox
Ameritox helped pioneer the prescription drug monitoring necessary to address the national epidemic of prescription drug misuse, abuse, and diversion. As the nation's trusted leader in Pain Medication Monitoring SolutionsSM, Ameritox provides medical and business professionals with health care solutions that can help improve patient care and prevent tragedy. Ameritox, headquartered in Baltimore, Md., has 800 employees nationwide and laboratory facilities in Greensboro, N.C.
Visit the Ameritox website at: www.ameritox.com
Follow Ameritox on Twitter: www.twitter.com/ameritox
Contact: Lon Wagner
Director of Communications, Ameritox
(336) 387-7742
Email
Genevieve Rozansky
202-509-0794
Email
SOURCE Ameritox
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