IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MEDISYN TECHNOLOGIES LLC, Plaintiff, v.

ALLSCRIPTS HEALTHCARE SOLUTIONS, INC. and ALLSCRIPTS HEALTHCARE, LLC, Defendants. C.A. No. JURY TRIAL DEMANDED

COMPLAINT Medisyn Technologies LLC (Medisyn) files this complaint for patent infringement against Allscripts Healthcare Solutions, Inc. (Allscripts Healthcare Solutions) and Allscripts Healthcare, LLC (Allscripts Healthcare) (collectively Defendants) for infringement of U.S. Patent No. 7,464,043 (the 043 patent or the Asserted Patent). THE PARTIES 1. Medisyn Technologies LLC is a Delaware corporation with its principal place of

business at 75 Montebello Road, Suffern, NY 10901. 2. Allscripts Healthcare Solutions, Inc. is a Delaware corporation with its principal

place of business located at 222 Merchandise Mart Plaza, Suite 2024, Chicago, IL 60654. Allscripts Healthcare Solutions may be served via its registered agent, The Corporation Trust Company, Corporation Trust Center 1209 Orange St., Wilmington, Delaware 19801. 3. Allscripts Healthcare, LLC is a North Carolina limited liability company with its

principal place of business at 222 Merchandise Mart Plaza, Ste. 2024, Chicago, Illinois 60654. Allscripts Healthcare may be served via its registered agent, National Registered Agents, Inc., 150 Fayetteville Street, Raleigh, NC 27602.

JURISDICTION AND VENUE 4. This is an action for patent infringement under Title 35 of the United States Code.

Medisyn is seeking injunctive relief as well as damages. 5. Jurisdiction is proper in this Court pursuant to 28 U.S.C. 1331 (Federal

Question) and 1338(a) (Patents) because this is a civil action for patent infringement arising under the United States patent statutes, 35 U.S.C. 101 et seq. 6. Venue is proper under 28 U.S.C. 1391(c) and 1400(b) because Defendants

have committed acts of infringement in this district and/or are deemed to reside in this district. 7. This Court has personal jurisdiction over Defendants and venue is proper in this

district because Defendants have committed, and continue to commit, acts of infringement in the State of Delaware, including in this district, and/or have engaged in continuous and systematic activities in the State of Delaware, including in this district. THE ASSERTED PATENT 8. On July 14, 2000, the application for the 043 patent was filed with the United

States Patent and Trademark Office (USPTO). The 043 patent is entitled Computerized Method and System for Obtaining, Storing, and Accessing Medical Records. On December 9, 2008, the USPTO duly and legally issued the 043 patent. A copy of the 043 patent is attached as Exhibit A. 9. Medisyn is the assignee of the 043 patent. COUNT I (DIRECT INFRINGEMENT OF U.S. PATENT NO. 7,464,043) 10. 11. Medisyn incorporates paragraphs 1 through 9 herein by reference. This cause of action arises under the patent laws of the United States, and in

particular, 35 U.S.C. 271, et seq.

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12.

The 043 patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code. 13. Upon information and belief, Defendants own and operate the website

www.allscripts.com (the Allscripts website.) 14. Upon information and belief, Defendants sell and/or offer to sell Electronic

Health Record (EHR) solutions to its customers, including hospitals, physicians, and other health care providers. 15. One such EHR solution offered by Defendants is Sunrise Acute Care (Sunrise),

formerly called Sunrise Clinical Manager. 16. Exhibit B (CPOE Show Overview pdf), attached hereto, is a printout of a page

from the Allscripts website as of March 18, 2014 describing Sunrise. 17. Exhibit B describes Sunrise as follows (emphasis in original): Sunrise Acute Care is an industry-leading, fully integrated enterprise clinical platform, including an Electronic Health Record and Computerized Physician Order Entry (CPOE) solutions, for hospitals and health systems. Sunrise Acute Care is designed to coordinate care across locations and departments, support critical decision-making, and automate processes for accuracy and safety. It includes: An integrated Electronic Health Record (EHR) that connects clinicians and administrators with shared patient information and workflow Computerized Physician Order Entry (CPOE) solutions Closed loop medication management Interoperability and data exchange across all ancillary modules, with a shared database for true integration of all clinical functions Exhibit C (Allscripts News Release (Black Book Market Research)), attached

18.

hereto, is a printout of a page from the Allscripts website as of March 18, 2014 that contains an Allscripts Healthcare press release. 19. Exhibit C describes Sunrise as follows:

Allscripts Sunrise EHR platform is an integrated suite of solutions for acute, postacute, ambulatory, revenue cycle and emergency health care providersSunrise also provides access to integrated patient information across care settings and community organizations 20. Defendants have directly infringed, and continue to directly infringe, one or more

claims of the 043 patent in this judicial district and/or elsewhere in Delaware and the United States, including at least claim 11, by, among other things, making, selling, offering to sell and/or using products such as Allscripts Sunrise. 21. Medisyn has been damaged as a result of Defendants infringing conduct Defendants are liable to Medisyn in an amount that adequately

described in this Count.

compensates it for their infringement, which by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. ADDITIONAL ALLEGATIONS 22. Defendants actions complained of herein will continue unless Defendants are

enjoined by this Court. 23. Defendants actions complained of herein are causing irreparable harm and

monetary damage to Medisyn and will continue to do so unless and until Defendants are enjoined and restrained by this Court. JURY DEMAND Medisyn hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil Procedure. PRAYER FOR RELIEF Medisyn requests that this Court find in its favor and against Defendants, and that this Court grant Medisyn the following relief: a. Enter judgment for Plaintiff on this Complaint;
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b.

Enter judgment that one or more claims of the 043 patent has been directly infringed by Defendants;

c.

Enter judgment that Defendants account for and pay to Medisyn all damages to and costs incurred by Medisyn because of Defendants infringing activities and other conduct complained of herein;

d.

Award Plaintiff damages resulting from Defendants infringement in accordance with 35 U.S.C. 284;

e.

Enter a permanent injunction enjoining Defendants and their officers, directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in active concert or participation with them, from infringing or inducing infringement of the 043 patent, or, in the alternative, judgment that Defendants account for and pay to Medisyn a reasonable royalty and an ongoing post judgment royalty because of Defendants past, present and future infringing activities and other conduct complained of herein;

f.

That Medisyn be granted pre-judgment and post-judgment interest on the damages caused by Defendants infringing activities and other conduct complained of herein;

g.

That Medisyn be granted such other and further relief as the Court may deem just and proper under the circumstances.

Dated: April 9, 2014 OF COUNSEL: Anthony G. Simon Benjamin R. Askew Michael P. Kella Stephanie H. To Timothy D. Krieger The Simon Law Firm, P.C. 800 Market Street, Suite 1700 Saint Louis, Missouri 63101 (314) 241-2929 asimon@simonlawpc.com baskew@simonlawpc.com mkella@simonlawpc.com sto@simonlawpc.com tkrieger@simonalwpc.com BAYARD, P.A. /s/ Stephen B. Brauerman_____________ Richard D. Kirk (rk0922) Stephen B. Brauerman (sb4952) Vanessa R. Tiradentes (vt5398) Sara E. Bussiere (sb5725) 222 Delaware Avenue, Suite 900 P.O. Box 25130 Wilmington, Delaware 19899 (302) 655-5000 rkirk@bayardlaw.com sbrauerman@bayardlaw.com vtiradentes@bayardlaw.com sbussiere@bayardlaw.com ATTORNEYS FOR MEDISYN TECHNOLOGIES LLC