Free Smart Phone Healthcare Newsletter Want to receive the latest updates on smart phones, gadgets and technology for healthcare? Join thousands of healthcare pros who subscribe to Smart Phone HC for FREE!

American Well Patents Are Unenforceable

Good news today for the telemedicine industry as the federal courts ruled that American Well’s telemedicine patents are unenforceable in their case against Teladoc. Here’s an excerpt from Mobi Health News on the decision:

It’s looking more and more like the path to victory in the major turf wars of digital health will not be through patent litigation.

Earlier this week, a Massachusetts federal judge Indira Talwani ruled that American Well’s telehealth patents, which the company had sued Teladoc for allegedly infringing, were unenforceably broad. She cited the same Supreme Court precedent, Alice v. CLS Bank, that an ITC judge used to invalidate Jawbone’s patents last month in the tracker company’s battle with Fitbit.

I love the way Jonah Comstock from Mobi Health News described the decision. The path to victory won’t be based on patent litigation. Let’s hope that Jonah is right since patent litigation is an awful way to create a market. That’s true for telemedicine and the health sensor market. There’s a supposed PHR patent out there which needs to be invalidated the same way.

As you can see, I’m not a huge fan of software patents. It’s pretty hard to make the case for the innovation that you’re really trying to accomplish. Plus, far too many software patents are held by patent trolls. In this case, it’s a bit better since American Well has built a legitimate telemedicine business and isn’t just relying on their patent. That’s a good thing and it’s healthy to have Teladoc, American Well, MDLive and others battling it out in the market.

I’m glad to see the federal courts ruling on this. American Well is looking to appeal the decision, so it’s not over yet, but I’m hoping the result of their appeal is the same. We’ll all be better with that patent being unenforcable.

September 13, 2016 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

3 Keys to Healthcare Gaming

Jonah Comstock has a great article over on mobi health news about Ayogo building an adherence game for big pharma. The article is short on details since Michael Fergusson, CEO of Ayogo, wasn’t given permission to demonstrate the game. However, the article highlights three elements that I have yet to see really done well in the “gaming healthcare” space. Each one of them is incredibly powerful and could change healthcare, but I have yet to see them implemented well. They are:

  • Social
  • Fun
  • Competition

I can’t think of three more powerful motivators that exist. People love to be social (see Facebook). We love to have fun. Most of us also love a good competition.

It sounds like Ayogo is trying incorporate all 3 of these elements into an ARG (Alternate Reality Game) that helps to improve prescription compliance. You don’t need all 3 elements to create a successful application, but how powerful it is if you can nail all three of them.

I think the concept of healthcare gaming is an important one and someone is going to finally crack the code. The problem I’ve seen is that the healthcare games I’ve seen too date are too much healthcare and not enough game. As I’ve written about before, health improvement needs to be a side effect of enjoying the game. Basically, you should want to play the game whether there was a health benefit or not. That’s a high barrier to overcome, but has a nice pot of gold waiting on the other side for whoever cracks the code.

June 28, 2013 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.