Health Discovery Files Infringement Action Against Intel Corporation – Form 8-K

Health Discovery Corporation Files Infringement Action Against Intel Corporation

ATLANTA, Georgia, April 5, 2022 – Health Discovery Corporation (“Health Discovery”, “HDC” or the “Company”), an intellectual property development company with an intellectual property portfolio utilizing patent-protected technology, today announced that it filed a new infringement lawsuit (“Infringement Lawsuit”) against Intel Corporation (“Intel”) (NASDAQ: INTC) on April 4, 2022. This infringement action relates to the patents for eliminating the recursive features of the Vector Machine Discovery’s support (“SVM-RFE”).

There is a long history between HDC and Intel regarding this infringement case and lawsuit. Health Discovery had repeatedly tried to avoid litigation with Intel over this dispute. Unfortunately, these efforts were unsuccessful and therefore this infringement lawsuit was necessary. George H. McGovern, III, President and CEO of HDC, said, “Health Discovery is taking the necessary steps to protect its exclusive ownership of the SVM-RFE patents from infringement. The following information provides some of the background related to this case.

On February 27, 2019, the United States Patent and Trademark Office (“USPTO”) ruled in favor of Health Discovery on the SVM-RFE patents in the interference proceeding between HDC and Intel. The USPTO’s Patent Trial and Appeal Board (“PTAB”) has issued its decision, finding that Health Discovery is entitled to claim exclusive rights to the SVM-RFE technology, as set forth in the patent application which has been filed to cause the interference. The ruling ordered the cancellation of Intel’s patent No. 7,685,077. The ruling also denied Intel’s motions challenging the validity of Health Discovery’s pending claims and granted patents covering SVM-RFE.

In September 2019, the USPTO issued U.S. Patent No. 10,402,685 (“SVM-RFE Patent”) for Health Discovery’s patent application covering SVM-RFE. Health Discovery now holds several patents covering the SVM-RFE method and is the sole owner of all patents related to SVM-RFE. In addition, the USPTO granted a Patent Term Adjustment (“PTA”) to the ‘685 SVM-RFE patent. The PTA is 1,785 days (almost five years), which, added to the standard patent term of 20 years from filing, extends the term of this patent to June 7, 2025.

Following the issuance of the SVM-RFE ‘685 patent and Health Discovery’s earlier SVM-RFE patents, Health Discovery now has the right to exclude others from developing, marketing or licensing this technology patented without the uncertainty of Intel interference or concerns regarding ownership of SVM-RFE patents.

On July 23, 2020, the Company filed a first patent infringement action against Intel regarding the Company’s SVM-RFE technology. The original infringement lawsuit was filed in the United States District Court for the Western District of Texas, Division of Waco (the “Court”). On October 19, 2020, Intel filed a Motion to Dismiss with the Court. On November 23, 2020, the Company filed a response opposing Intel’s motion to dismiss.

On December 27, 2021, the Court granted Intel’s motion to dismiss patent infringement claims brought against Intel in the company’s original patent infringement lawsuit. As noted in its opinion, the Court’s reasoning is based on its interpretation of the two-step patent eligibility framework established by the United States Supreme Court in Alice Corp. Pty. against CLS Bank Int’l573 US 208 (2014).

The court’s dismissal was without prejudice, however, meaning the company had the right to refile the infringement lawsuit and include additional allegations in the complaint. After evaluation, on April 4, 2022, the Company refiled the infringement lawsuit with the Court, as authorized by the Court.

The Company will continue to assess and fight for the rights of the Company and its shareholders. As with many legal matters, it is difficult to predict outcomes and therefore any assumption of success cannot be assured.

Health Discovery Corporation has retained Dunlap, Bennett & Ludwig to represent the company in this matter. In addition, HDC’s patent attorney, Torrey Pines Law Group, is instrumental in this case. HDC is also advised by Ascenda Law Group, PC in this litigation, as well as in the Interparte Examination (“IPR”) which is heard before the PTAB of the USPTO. The infringement lawsuit was filed in the United States District Court for the Western District of Texas, Division of Waco, where Intel does business.

The continued focus on protecting Health Discovery’s patent portfolio remains a cornerstone of HDC’s commitment to working on behalf of all Health Discovery shareholders.

About Health Discovery Corporation

Health Discovery Corporation is an intellectual property development company that uses advanced proprietary technology to analyze large amounts of data to uncover patterns that might otherwise be undetectable. Health Discovery operates primarily in the field of molecular diagnostics, where these tools are essential to scientific discovery. The terms artificial intelligence and machine learning are sometimes used to describe pattern recognition tools. HDC’s mission is to use its patents, intellectual prowess, and clinical partnerships primarily to identify models that can advance medical science, as well as to advance the effective use of our technology in other diverse commercial disciplines. , including high tech, finance, and health technology markets.

Our historical foundation lies in the field of molecular diagnostics, where we have made many discoveries that may play a role in the development of more personalized approaches to the diagnosis and treatment of certain diseases. However, our patent-protected assets have broad applicability in many other areas. Applied intelligently, HDC’s pattern recognition technology can be a portal between huge amounts of otherwise indecipherable data and truly meaningful and significant discovery.

Forward-looking statements

This document contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, the accuracy of which is necessarily subject to risks and uncertainties, including, without limitation, statements regarding performance, opportunities and investments. future, and expected results in general. From time to time, Health Discovery Corporation may make other forward-looking statements regarding other matters, including, without limitation, marketing plans and strategic partnerships. Actual results may differ materially due to a variety of factors, including but not limited to acceptance of our approach to applying mathematics, computer science, and physics in the disciplines of biology, organic chemistry, and medicine and our products and technologies associated with these approaches. , the ability to develop and commercialize new drugs, therapies or other products based on our approaches, and other factors set forth from time to time in Health Discovery Corporation’s Securities and Exchange Commission filings.

All forward-looking statements and cautionary statements included herein are made as of the date hereof based on information available to Health Discovery Corporation as of the date hereof, and Health Discovery Corporation undertakes no obligation to update any statement. prospective or cautionary. .

Contact: Health Discovery Society
George H. McGovern, III, President and CEO
(404) 566-4865
[email protected]overycorp.com

Luisa D. Fuller