Articles & Updates

Evans & Dixon Helps Wichita-based Pulse Systems, Inc. Win Battle Against Patent Trolls

Washington, D.C., – The United States Court of Appeals has affirmed the victory obtained by Evans & Dixon in favor of electronic health record software developer, Pulse Systems, Inc. in a patent case brought by non-practicing entities Uniloc Luxembourg S.A. and Uniloc USA, Inc. Last year, Judge Michael Fitzgerald of the U.S. District Court for the Central District of California, entered judgment in favor of Pulse finding that Pulse was entitled to a ruling that its Pulse Complete EHR software product did not infringe Uniloc's U.S. Patent No. 5, 682,586. Uniloc purchased the subject patent from Medsquire in 2012. Medsquire originally sued Pulse and at least 13 other companies in May 2011 accusing them of infringing its patent. All of the other defendants, except for Pulse and eClinicalworks settled with Medsquire/Uniloc. Firmly believing that its products did not infringe and that the subject patent was invalid, Pulse refused settlement and instead fought the claims brought against it. It asked the district court to dismiss the claims of infringement. The district court did so. On October 14, 2014, the Court of Appeals for the Federal Circuit based in Washington, D.C. affirmed that decision.

Evans & Dixon principal, Don Kelly, served as lead counsel for Pulse. The Evans & Dixon team handling the case included Ben Fletcher and Brian Shank.