IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

MEDISYN TECHNOLOGIES LLC, Plaintiff, v. CERNER CORPORATION, Defendant. C.A. No. JURY TRIAL DEMANDED

COMPLAINT Medisyn Technologies LLC (Medisyn) files this complaint for patent infringement against Defendant Cerner Corporation (Cerner) 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. Cerner Corporation is a Delaware corporation with its principal place of business

located at 2800 Rockcreek Parkway, North Kansas City, MO 64117. Cerner may be served via its registered agent, The Corporation Trust Company, Corporation Trust Center 1209 Orange St., Wilmington, Delaware 19801. JURISDICTION AND VENUE 3. This is an action for patent infringement under Title 35 of the United States Code.

Medisyn is seeking injunctive relief as well as damages.

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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. 5. Venue is proper under 28 U.S.C. 1391(c) and 1400(b) because Cerner has

committed acts of infringement in this district and/or is deemed to reside in this district. 6. This Court has personal jurisdiction over Cerner and venue is proper in this

district because Cerner has committed, and continues to commit, acts of infringement in the State of Delaware, including in this district and/or has engaged in continuous and systematic activities in the State of Delaware, including in this district. THE ASSERTED PATENT 7. 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. 8. Medisyn is the assignee of the 043 patent. COUNT I (DIRECT INFRINGEMENT OF U.S. PATENT NO. 7,464,043) 9. 10. Medisyn incorporates paragraphs 1 through 8 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. 11. The 043 patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code.

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Upon information and belief, Cerner owns and operates the website

www.cerner.com (the Cerner website). 13. Upon information and belief, Cerner sells and/or offers to sell electronic medical

records (EMR) solutions to its customers, including healthcare professionals, hospitals, and health systems. 14. 15. One such EMR solution offered by Cerner is CERNER EMR. Exhibit B (Acute Care Electronic Medical Record pdf), attached hereto, is a

printout of a page from the Cerner website as of March 18, 2014 describing CERNER EMR. 16. Exhibit B describes CERNER EMR as follows:

The CERNER electronic medical record (EMR) is an integrated database that provides a comprehensive set of capabilities. We created it to allow healthcare professionals to electronically store, capture and access patient health information in both the acute and ambulatory care setting. 17. Exhibit C (PowerChart Touch pdf), attached hereto, is a printout of a page from

the Cerner website as of March 18, 2014 describing Cerners POWERCHART TOUCH. 18. Exhibit C describes POWERCHART TOUCH as follows:

The judges reviewing Cerners submission looked at several of POWERCHART TOUCHs simple, intuitive design features including. Providing physicians with an overview of recent care for the patient including all documentation since the last visit; Allowing easy navigation based on a physicians workflow: reviewing the patients chart, placing orders, documenting findings, billing for services and closing the episode of care; 19. Cerner has directly infringed, and continues 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 Cerner Millennium.

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Medisyn has been damaged as a result of Cerners infringing conduct described in

this Count. Cerner is liable to Medisyn in an amount that adequately compensates it for its 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 21. Defendants actions complained of herein will continue unless Defendant is

enjoined by this Court. 22. Defendants actions complained of herein are causing irreparable harm and

monetary damage to Medisyn and will continue to do so unless and until Defendant is 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 Defendant, and that this Court grant Medisyn the following relief: a. b. Enter judgment for Plaintiff on this Complaint; Enter judgment that one or more claims of the 043 patent has been infringed, either directly or indirectly by Defendant; c. Enter judgment that Defendant 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;

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

e.

Enter a permanent injunction enjoining Defendant and its 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 Defendant 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@simonlawpc.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