During the Markman Hearing, the Court also spoke regarding Intel’s pending motion to dismiss. Ultimately, the Court ruled in HDC’s favor on all the disputed claim terms and issued the Claim Construction Order. During the Markman Hearing on June 3, 2021, the Court considered arguments related to these disputed claim terms. Within that Joint Claim Construction Statement, the parties identified several claim terms (i.e., key words) that were still in dispute. Once briefing concluded on May 18, 2021, HDC and Intel submitted a Joint Claim Construction Statement to the Court. In the Western District of Texas, both parties file two briefs, with the Plaintiff (here, the Company) filing the Opening Brief. Prior to the Markman Hearing both parties submit Markman briefs, in which they explain their positions on the relevant key words. A Markman Hearing is a pretrial hearing in a United States District Court during which a judge examines evidence from all parties on the appropriate meanings of relevant key words used in a patent claim. One of the items in the Scheduling Order was the Markman Hearing which was scheduled for June 3, 2021. On December 21, 2020, the Court approved a scheduling order (“Scheduling Order”) for the Infringement Lawsuit. On November 23, 2020, the Company filed a response in opposition of Intel’s motion to dismiss. Subsequently, on October 19, 2020, Intel filed a motion to dismiss with the Court. The lawsuit was filed in the United States District Court for the Western District of Texas, Waco Division (the “Court”). On July 23, 2020, the Company filed a patent infringement lawsuit (“Infringement Lawsuit”) against Intel pertaining to the Company’s SVM-RFE technology. As a result of the issuance of the SVM-RFE Patent, the Company now has the right to exclude others from developing, commercializing, or licensing this patented technology without the uncertainty of the Interference or concerns over the ownership of the SVM-RFE patents. The Company is the sole owner of all patents related to SVM-RFE. 10,402,685 (“SVM-RFE Patent”) for the Company’s patent application covering SVM-RFE. The Patent Trial and Appeal Board (“PTAB”) of the USPTO issued its decision, finding that HDC is entitled to claim exclusive ownership rights to the SVM-RFE technology as set forth in the SVM-RFE patent application that was filed to provoke the Interference. On February 27, 2019, the USPTO ruled in favor of the Company on the SVM-RFE patent application. 7,685,077, entitled “Recursive Feature Eliminating Method based on a Support Vector Machine”. As with many legal matters, it is difficult to predict outcomes and therefore any assumption of success cannot be assured.Īs previously disclosed, the United States Patent and Trade Office (“USPTO”) had declared an Interference between the Company’s Support Vector Machine – Recursive Feature Elimination (“SVM-RFE”) patent application and Intel Corporation’s (“Intel”) Patent No. The following is an update regarding patent matters for Health Discovery Corporation (the “Company” or “HDC”).
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