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This case was last updated from PACER on 06/15/2021 at 17:50:24 (UTC).

DatRec, LLC v. Epic Systems Corporation

Case Summary

On April 16, 2021, DatRec, LLC (“DatRec” or “Plaintiff”), represented by Sherry Dawn Coley, Tiffany Woelfel of Davis & Kuelthau, S.C. and William P. Ramey, III of Ramey & Schwaller, LLP filed an intellectual property lawsuit against Epic Systems Corporation (“Epic” or “Defendant”), represented by Anita Marie Boor, Kristin Graham Noel and Martha Jahn Snyder of Quarles & Brady, seeking injunctive relief, damages and treble damages among other reliefs for alleged infringement of patented technology relating to Method and System for Use of a Database of Personal Data Records and other technology owned by Plaintiff. This case was filed in the U.S District Court for the Western District of Wisconsin with Judges William M. Conley and Stephen L. Crocker presiding. 

 

The Plaintiff filed this complaint for alleged infringement of the claims of U.S. Patent No. 8,156,158 (“the ‘158 patent”) and U.S. Patent No. 8,381,309 (“the ‘309 patent”) (referred to as the “Patents-in-Suit”) by Defendant.

In its complaint, the Plaintiff alleged that “Epic has and continues to induce infringement. Epic has actively encouraged or instructed others (e.g., its customers and/or the customers of its related companies), and continues to do so, on how to use its products and services (e.g., question and answer services on the Internet) and related services that provide question and answer services across the Internet such as to cause infringement of one or more of claims 1–23 of the ’158 patent, literally or under the doctrine of equivalents. Moreover, Epic has known of the ’158 patent and the technology underlying it from at least the date of issuance of the patent.”

 

The Plaintiff further alleged that “Epic maintains, operates, and administers electronic health records through its website at www.Epic.com, and other sources, that infringe one or more claims of the ‘309 patent, including one or more of claims 1-17, literally or under the doctrine of equivalents. Defendant put the inventions claimed by the ‘309 Patent into service (i.e., used them); but for Defendant’s actions, the claimed-invention’s embodiments involving Defendant’s products and services would never have been put into service. Defendant’s acts complained of herein caused those claimed-invention embodiments as a whole to perform, and Defendant’s procurement of monetary and commercial benefit from it.”

 

The Plaintiff also alleged that “Epic has caused and will continue to cause DatRec damage by direct and indirect infringement of (including inducing infringement of) the claims of the ‘309 patent.”

 

The Plaintiff has laid down two claims for relief, wherein direct and indirect infringement of patents-in-suit has been alleged. 

 

In its prayer for relief, The Plaintiff has requested the Court to declare that Defendant has infringed the claims of the ‘158 patent and the ‘309 patent, award award DatRec damages in an amount sufficient but no less than a reasonable royalty or lost profits, together with prejudgment and post-judgment interest and costs under 35 U.S.C. § 284, and order an accounting of damages not presented at trial. The Plaintiff further requested the Court to declare this case to be “exceptional” under 35 U.S.C. § 285, grant treble damages, and grant injunction against Defendant to stop future infringement and award costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00257

  • Filing Date:

    04/16/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Wisconsin Western District

Judge Details

Presiding Judge

William M. Conley

Referral Judge

Stephen L. Crocker

 

Party Details

Plaintiff and Counter Defendant

DatRec, LLC

Defendant and Counter Claimant

Epic Systems Corporation

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Sherry Dawn Coley

Attorney at Davis & Kuelthau, S.C.

318 South Washington Street, Suite 300

Green Bay, WI 54301

Tiffany Woelfel

Attorney at Davis & Kuelthau, S.C.

318 South Washington Street, Suite 300

Green Bay, WI 54301

William P Ramey, III

Attorney at Ramey & Schwaller, LLP

5020 Montose Blvd., Suite 800

Houston, TX 77006

Defendant and Counter Claimant Attorneys

Martha Jahn Snyder

Attorney at Quarles & Brady

P.O. Box 2113, 33 East Main St, Ste 900

Madison, WI 53701

Kristin Graham Noel

Attorney at Quarles & Brady LLP

33 East Main Street, Suite 900

Madison, WI 53703

Anita Marie Boor

Attorney at Quarles & Brady

P.O. Box 2113, 33 East Main St, Ste 900

Madison, WI 53701

 

Court Documents

#16

(#16) ANSWER with Jury Demand, COUNTERCLAIM against DatRec, LLC by Defendant Epic Systems Corporation. (Noel, Kristin) Modified on 6/10/2021. (lak) (Entered: 06/09/2021)

15 #1

Appendix A - Litigation Chart

#15

(#15) MOTION TO DISMISS by Defendant Epic Systems Corporation. Brief in Opposition due 6/30/2021. Brief in Reply due 7/12/2021. (Attachments: #1 Appendix A - Litigation Chart) (Noel, Kristin) (Entered: 06/09/2021)

#14

(#14) Summons Returned Executed. Epic Systems Corporation served on 4/20/2021. (Coley, Sherry) Modified on 5/10/2021. (lak) (Entered: 05/07/2021)

#12

(#12) Notice of Appearance filed by Anita Marie Boor for Defendant Epic Systems Corporation. (Boor, Anita) (Entered: 05/04/2021)

#11

(#11) Corporate Disclosure Statement by Defendant Epic Systems Corporation. (Snyder, Martha) (Entered: 05/04/2021)

#10

(#10) Consent Motion for Extension of Time to File Answer re #1 Complaint, by Defendant Epic Systems Corporation. Motions referred to Magistrate Judge Stephen L. Crocker. (Snyder, Martha) (Entered: 05/04/2021)

#9

(#9) Notice of Appearance filed by Martha Jahn Snyder for Defendant Epic Systems Corporation. (Snyder, Martha) (Entered: 05/04/2021)

#8

(#8) Notice of Appearance filed by Kristin Graham Noel for Defendant Epic Systems Corporation. (Noel, Kristin) (Entered: 05/04/2021)

#7

(#7) Corporate Disclosure Statement by Plaintiff DatRec, LLC. (Coley, Sherry) (Entered: 04/21/2021)

#5

(#5) Notice of Appearance filed by Tiffany Woelfel for Plaintiff DatRec, LLC. (Woelfel, Tiffany) (Entered: 04/20/2021)

#4

(#4) Motion to Admit William P Ramey, III Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2862332.) by Plaintiff DatRec, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Ramey, William) (Entered: 04/20/2021)

1 #5

Report on Filing Patent/Trademark Action

1 #4

JS-44 Civil Cover Sheet

1 #3

Summons Epic Systems Corporation

1 #2

Exhibit B - '309 Patent

1 #1

Exhibit A- '158 Patent

#1

(#1) COMPLAINT against Epic Systems Corporation, (Filing fee $402, receipt number 0758-2860798) filed by DatRec, LLC. (Attachments: #1 Exhibit A - '158 Patent, #2 Exhibit B - '309 Patent, #3 Summons Epic Systems Corporation, #4 JS-44 Civil Cover Sheet, #5 Report on Filing Patent/Trademark Action) (Coley, Sherry) Modified on 4/19/2021. (lak) (Entered: 04/16/2021)

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Docket Entries

  • 06/10/2021
  • DocketSet Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 7/20/2021 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (jls) (Entered: 06/10/2021)

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  • 06/09/2021
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  • Docket(#16) ANSWER with Jury Demand, COUNTERCLAIM against DatRec, LLC by Defendant Epic Systems Corporation. (Noel, Kristin) Modified on 6/10/2021. (lak) (Entered: 06/09/2021)

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  • 06/09/2021
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  • Docket(#15) MOTION TO DISMISS by Defendant Epic Systems Corporation. Brief in Opposition due 6/30/2021. Brief in Reply due 7/12/2021. (Attachments: #1 Appendix A - Litigation Chart) (Noel, Kristin) (Entered: 06/09/2021)

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  • 05/07/2021
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  • Docket(#14) Summons Returned Executed. Epic Systems Corporation served on 4/20/2021. (Coley, Sherry) Modified on 5/10/2021. (lak) (Entered: 05/07/2021)

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  • 05/05/2021
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  • Docket(#13) ** TEXT ONLY ORDER **ORDER granting #10 Consent Motion for Extension of Time to Answer. Epic Systems Corporation answer due 6/10/2021. Signed by Magistrate Judge Stephen L. Crocker on 5/5/2021. (arw) (Entered: 05/05/2021)

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  • 05/04/2021
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  • Docket(#12) Notice of Appearance filed by Anita Marie Boor for Defendant Epic Systems Corporation. (Boor, Anita) (Entered: 05/04/2021)

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  • 05/04/2021
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  • Docket(#11) Corporate Disclosure Statement by Defendant Epic Systems Corporation. (Snyder, Martha) (Entered: 05/04/2021)

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  • 05/04/2021
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  • Docket(#10) Consent Motion for Extension of Time to File Answer re #1 Complaint, by Defendant Epic Systems Corporation. Motions referred to Magistrate Judge Stephen L. Crocker. (Snyder, Martha) (Entered: 05/04/2021)

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  • 05/04/2021
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  • Docket(#9) Notice of Appearance filed by Martha Jahn Snyder for Defendant Epic Systems Corporation. (Snyder, Martha) (Entered: 05/04/2021)

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  • 05/04/2021
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  • Docket(#8) Notice of Appearance filed by Kristin Graham Noel for Defendant Epic Systems Corporation. (Noel, Kristin) (Entered: 05/04/2021)

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  • 04/21/2021
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  • Docket(#7) Corporate Disclosure Statement by Plaintiff DatRec, LLC. (Coley, Sherry) (Entered: 04/21/2021)

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  • 04/21/2021
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  • Docket(#6) ** TEXT ONLY ORDER **ORDER granting #4 Motion to Admit William P. Ramey, III Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 4/21/2021. (lak) (Entered: 04/21/2021)

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  • 04/20/2021
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  • Docket(#5) Notice of Appearance filed by Tiffany Woelfel for Plaintiff DatRec, LLC. (Woelfel, Tiffany) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#4) Motion to Admit William P Ramey, III Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2862332.) by Plaintiff DatRec, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Ramey, William) (Entered: 04/20/2021)

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  • 04/19/2021
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  • Docket(#3) Report on Filing of Patent or Trademark Action. Copy provided to the US Patent and Trademark Office electronically. (arw) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#2) Summons Issued as to Epic Systems Corporation. (arw) (Entered: 04/19/2021)

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  • 04/19/2021
  • DocketStandard attachments for District Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (arw) (Entered: 04/19/2021)

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  • 04/19/2021
  • DocketCase randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (arw) (Entered: 04/19/2021)

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  • 04/16/2021
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  • Docket(#1) COMPLAINT against Epic Systems Corporation, (Filing fee $402, receipt number 0758-2860798) filed by DatRec, LLC. (Attachments: #1 Exhibit A - '158 Patent, #2 Exhibit B - '309 Patent, #3 Summons Epic Systems Corporation, #4 JS-44 Civil Cover Sheet, #5 Report on Filing Patent/Trademark Action) (Coley, Sherry) Modified on 4/19/2021. (lak) (Entered: 04/16/2021)

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