Epic Faces Down Another Patent Troll, Pays Nothing for Walk Away

On May 21, 2024, the United States District Court for the Western District of Wisconsin dismissed with prejudice the patent lawsuit filed by SynKloud Technologies LLC against Epic Systems Corporation. SynKloud, a nonpracticing entity, had sued Epic for allegedly infringing or causing its customers to allegedly infringe U.S. Patent No. 8,856,383, through its MyChart software. Epic denied the allegations and proactively countersued SynKloud, seeking a declaratory judgment that the patent is invalid and not infringed by use of MyChart. 

Facing the threat of Epic filing a motion for judgment on the pleadings that the ‘383 Patent is invalid, SynKloud provided Epic with a covenant not to sue, promising not to enforce or threaten any claims related to the ‘383 Patent against Epic and Epic’s customers using Epic software, in exchange only for Epic agreeing to dismiss its counterclaims against SynKloud. Consistent with Epic’s staunch practice of defending itself, Epic paid nothing to resolve the matter.

Epic develops health care software for use in community hospitals, clinics, medical centers and patient homes. In addition to providing electronic health record systems to health care providers, Epic has designed web portals for patients to view, enter and manage their personal health information.

Epic was represented by Quarles & Brady LLP's Kristin Graham Noel, Matthew Duchemin and Bryce Loken. The case is SynKloud Technologies, LLC v. Epic Systems Corp., Case No. 3:24-cv-00030-wmc, in the United States District Court for the Western District of Wisconsin.