Body Science LLC sued sued the 3 medical device companies in federal courts in Illinois, California, Minnesota, New York and the Bay State, alleging that the medical device companies’ wireless patient monitoring systems violate a pair of Body Science patents.
The pair of patents cover "Wireless Medical Diagnosis and Monitoring Equipment." Body Science alleges that BSX’s Latitude system, which monitors certain Boston Scientific defibrillator models and wirelessly beams the data to physicians, violates its patents.
Now all 5 cases have been transferred to the Commonwealth, according to court documents, even though all of the defendants in the cases are opposed to the move.
"Centralization, however, will allow a single judge – as opposed to the now 5 judges in 5 districts – to preside over discovery relating to the 2 patents at issue (which will inform and aid the consistent construction of the patents’ claims) and to consistently rule on challenges to the validity of those patents," according to the panel on multidistrict litigation. "We are of the view that the district of Massachusetts is the most appropriate transferee district for pretrial proceedings in this litigation. This district is convenient for several parties, inasmuch as both [Philips] and Boston Scientific’s corporate headquarters are located in Massachusetts, and Polar is based nearby in the Eastern district of New York."
In the case against BSX, Body Science is seeking a jury trial, a judgment of infringement, damages, an injunction against further infringement, legal fees and "that defendants be ordered to deliver to Body Science for destruction all infringing products and systems in their possession," according to court documents.