Davis Polk represents Aetna Inc. and its subsidiaries ActiveHealth Management, Inc. and Medicity, Inc. in a patent infringement suit brought by HealthTrio, LLC. HealthTrio filed the lawsuit on December 11, 2012 in the United States District Court for the District of Colorado, alleging infringement of 10 closely-related patents and accusing a broad array of Aetna’s products. The asserted patents generally relate to healthcare informatics.

On September 28, 2015, Judge Robert E. Blackburn granted Aetna’s motion for Judgment on the Pleadings, adopting a Magistrate Judge’s recommendation that found all 497 patent claims contained in the 10 asserted patents invalid as drawn to ineligible subject matter under 35 U.S.C. § 101. Plaintiff HealthTrio appealed the decision to the United States Court of Appeals for the Federal Circuit.

On January 18, 2017, the United States Court of Appeals for the Federal Circuit affirmed without opinion Judge Blackburn’s Final Judgment order. The Federal Circuit’s ruling brings to an end a four-year litigation that targeted a significant portion of Aetna’s healthcare informatics business. 

The Davis Polk team includes partner Matthew B. Lehr, associates Igor Piryazev, William D. Pollak, Serge Voronov, Julien du Vergier and Jayeeta Kundu. Members of the Davis Polk team are based in the Northern California and New York offices.