Dates: May 2005 - November 2005
Case No. _04-1258-SLR , United States District Court in Delaware.
Dr. Kerschberg served as a consultant to the firm Gibson, Dunn & Crutcher, LLP to argue that prior art existed based on a system called MEDCLAIM that he had developed in 1985 while at the University of South Carolina.
The case involved McKesson Information Solution, LLC and The Trizetto Group, the latter being represented by Gibson Dunn.
I wrote a declaration showing how MEDCLAIM had the same features described by McKesson’s patent, analyzing it on a claim-by-claim basis. I provided a deposition in Washington DC which lasted about 7 hours.
What was interesting about the McKesson patent's prosecution history, was that the patent examiner at the time, rejected the original claims based on a paper written by my co-Principal Investigator describing the MEDCLAIM system.