A Medical Device Daily

NMT Medical (Boston) reported that it and the Children’s Medical Center Corporation (CMCC; Boston) have prevailed in the appeal of an Aug. 29, 2006 decision from the U.S. District Court for the District of Minnesota regarding a patent infringement lawsuit with Cardia (Burnsville, Minnesota).

According to NMT, the U.S. Court of Appeals for the Federal Circuit sent a patent infringement suit filed by NMT and CMCC against Cardia back to the trial court. The trial court had issued a ruling that Cardia’s Intrasept septal closure system does not infringe U.S. Patent No. 5,451,235, owned by CMCC and exclusively licensed by NMT.

On appeal, the Federal Circuit ruled that the district court incorrectly interpreted one of the patent’s claims and incorrectly found no triable issue of fact concerning other claims, NMT said. The Federal Circuit remanded the case to the district court for further proceedings consistent with its opinion and instructed that on remand the district court may reconsider the question of summary judgment for NMT.

“We are pleased with the court’s decision today to rule in our favor. NMT’s extensive patent portfolio gives the company a distinct advantage over its competition in the structural heart repair market. It is our policy to always defend our leadership position when we believe our intellectual property has been infringed upon,” said John Ahern, NMT’s president/CEO.

NMT Medical develops implant technologies that allow interventional cardiologists to treat structural heart disease through minimally-invasive, catheter-based procedures.

In other patent news:

Medoctor (Napa, California) said it received a U.S. patent, “System and Method for Determining the Probable Existence of Disease.” The company said its operating technology is an Internet health assessment and personal record keeping system.

Medoctor determines the probability of disease, thereby reducing medical errors and wasteful use of healthcare resources, according to the company. The system uses mathematical algorithms like those used in the TV show “Numbers” . While the TV show solves crime mysteries, Medoctor says it solves medical mysteries.

Developed by a team of 25 medical researchers in Santa Rosa, California, Medoctor performs a differential diagnosis (DDX) of more than 830 diseases and conditions in five languages — English, Spanish, French, German and Italian, on its web site www.medoctor.com. Each Medoctor user creates a personal electronic health record, the company noted.

The American Telemedicine Association ’s (Washington) paper, “Telemedicine and Federal Policy,” promotes the use of “telemedicine triage” stations in community centers and pharmacies. Medoctor can be deployed in clinics, like those being developed by Wal-Mart, CVS, Walgreen and Rite-Aid pharmacies, to provide for the millions without health insurance.

A study by Sonoma County, California found that 64% of emergency room visits could be handled in less-costly, non-emergency settings. Hospitals absorb unnecessary ER costs in their community service budgets. Medoctor’s triage system could save hospitals and government agencies billions of dollars each year, the company said.

Medoctor said it also combines a diagnostic tool with a personal health record, helping individuals, healthcare payers and providers alike. The United Nations’ International Telecommunication Union (ITU) funded a pilot project of Medoctor in rural Africa, the company added.