This week, Judge Talwani in the District Court of Massachusetts has dismissed American Well’s patent suit against Teladoc. The federal judge ruled that its patent covering the basic provision of telehealth is invalid because the patent’s major elements are “too abstract” to be patentable and do not “amount to an inventive concept.” In response to the federal judge’s decision, American Well plans to appeal the ruling.
“American Well is the leading innovator in telehealth and we respectfully disagree with today’s decision. We believe the court’s extrapolation of existing Supreme Court precedent raises a novel and appealable legal issue,” said Bradford Gay, senior vice president and general counsel, American Well in an official statement.
Separately, Teladoc has three actions pending before the USPTO to invalidate other parts of American Well’s patents. The USPTO has thus far allowed the challenges to proceed, noting that Teladoc has a “reasonable likelihood” of prevailing in each instance.
We are delighted the court has ruled in our favor in this important case. Teladoc challenged these patents because we believe telehealth is a fundamental part of the modern health care system. Access to high-quality health care is too important, too broad and too obvious to be patented,” said Jason Gorevic, Teladoc chief executive officer. “This decision validates the position we took over a year ago – that the American Well patent portfolio is invalid and should not be an impediment to the proliferation of telehealth.”