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Article

Title: Datasci Suits Threaten Industry

Author: Uehling, Mark D Article Type: Company
Source: Bio IT World, v5 n8 p38(1) Publication Date: Oct 2006
  ISSN: 1538-5728
URL of Publication: http://www.bio-itworld.com

Datasci owns the patent on a clinical trial data collection process that uses the Internet. The patent was awarded in a decision by the United States Patent Office that many industry observers view as surprising and even incomprehensible. They point to the decision as being the result of the patent office's overburdened and understaffed condition. It will be difficult to overturn the Datasci patent, however, and it will require much time and money to do so. Datasci is suing several firms and won settlements from two leaders in the industry. Phase Forward, a leading electronic data capture firm, settled for $8.5 million. This settlement allowed Datasci to pursue an attack on the rest of the industry, and in September 2006, it won another settlement from DataLabs. DataLabs settled in order to avoid dragging its customers into the lawsuit. A question nagging the industry is whether other electronic data capture technology vendors will also be sued. Any target of Datasci must consider the state of its technology in 1996 and 1997 to determine if there was any 'prior art.' Legal settlements by other firms could divert internal company monies from discretionary budget items, including research and development, according to Tony Varano, chief executive officer of DSG. The lawsuits effectively take money from research and development and give it to the patent holder.

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