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News Sep 09, 2014

Shearman & Sterling Achieves Litigation Victory for WebMD

Shearman & Sterling achieved a victory for client WebMD Health Corp. (WebMD) when the United States District Court for the Central District of California issued its Claim Construction Order in connection with a patent infringement suit brought by MyMedicalRecords, Inc. (MMR), a California-based firm offering online personal health records management for consumers.

In October 2013, MMR filed a complaint against WebMD alleging infringement of two patents relating to systems and methods for online management of medical records and prescriptions. MMR alleged that WebMD infringed the claimed methods through its operation of the WebMD.com website and various other online applications.

In August, the Court held a Markman hearing during which it heard arguments regarding the precise meaning it should ascribe to particular claim terms that were in dispute, and whether certain claims are invalid due to indefiniteness, in violation of 35 U.S.C. § 112(b), as WebMD argued.

On September 3, 2014, the Court issued its Claim Construction Order, interpreting two likely dispositive claim terms precisely as WebMD argued at the hearing.

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