LOS ANGELES, CA — (Marketwired) — 09/03/13 — . (OTCQB: MMRF) today announced that MyMedicalRecords, Inc., a wholly owned subsidiary of MMRGlobal (collectively, “MMR”), has terminated the written Agreement it signed with WebMD Health Corp. and WebMD Health Services Group, Inc. (collectively, “WebMD”) which MMR announced on June 7, 2013, in connection with the dismissal of MMR-s patent infringement complaint. MMR is a leading provider of (PHRs) and electronic document management and imaging systems for . The action was originally filed against WebMD on February 11, 2013, in the U. S. District Court for the Central District of California, case number CV 13-00979 (ODW/SHx). As a material inducement for MMR to dismiss its complaint, the parties signed the Agreement setting forth certain terms and conditions including formal negotiations to resolve the matter without the timing constraints imposed by the lawsuit.
MMR and WebMD also specifically agreed that MMR would have the right to refile the litigation without prejudice at any time. Since the signing of the Agreement, the parties have worked to resolve the matter in person and with legal counsel on both coasts without results satisfactory to either party. However, since that time, MMR also received an additional U.S. Patent, No. 8,498,883, entitled “Method for Providing a User with a Service for Accessing and Collecting Prescriptions,” which it appears WebMD may also infringe.
According to Robert H. Lorsch, MMRGlobal CEO, “The Agreement that we dismiss the complaint to facilitate settlement may have been a blessing in disguise because MMR has received at least one additional patent to include in a complaint that was not issued at the time of the original filing.”
Therefore, and based on a relationship with WebMD that goes back to a Goldman Sachs introduction in 2007, MMR has decided that it is in its best interest to terminate the Agreement and to refile its complaint so that MMR can avail itself to the benefits of discovery and the prospect of adding the “883” patent and other patents to the complaint. Given that MMR invested nearly eight months in good faith negotiations with WebMD, the door will always be open to a fair negotiated resolution.
MMR understands that PHRs are and will continue to be part of WebMD-s business plans and believes that WebMD infringes on one or more MMR patents, which compels either a positive business relationship between the companies or a Federal Court decision on the merits. MMR further believes they will continue to be relevant to WebMD-s business based on Meaningful Use requirements starting in 2014. Meaningful Use, mandated under the Health Information Technology for Economic and Clinical Health Act (“HITECH”), includes core requirements making Personal Health Records available to virtually all Americans.
MMRGlobal, Inc., through its wholly-owned operating subsidiary, MyMedicalRecords, Inc., provides secure and easy-to-use online Personal Health Records (“PHRs”) and electronic safe deposit box storage solutions serving consumers, healthcare professionals, employers, insurance companies, financial institutions, retail pharmacies, professional organizations, and affinity groups. The PHR enables individuals and families to access their medical records and other important documents such as birth certificates, passports, insurance policies, and wills anytime from anywhere using the Internet. MyMedicalRecords is built on proprietary, patented technologies to allow documents, images, and voicemail messages to be transmitted and stored in the system using a variety of methods, including fax, phone, or file upload without relying on any specific electronic medical record platform to populate a user-s account. The Company-s professional offering, , is designed to give physicians- offices an easy and cost-effective solution to digitizing paper-based medical records and sharing them with patients through an integrated patient portal. Through its merger with Favrille, Inc. in January of 2009, the Company acquired intellectual property biotech assets that included anti-CD20 antibodies and data and samples from its FavId/Specifid vaccine clinical trials for the treatment of B-Cell Non-Hodgkin-s lymphoma. To learn more about MMRGlobal, Inc. visit . View demos and video tutorials of the Company-s products and services at .
All statements in this press release that are not strictly historical in nature, including, without limitation, whether or not such statement relates directly to WebMD, and intellectual property enforcement actions, infringement claims or litigation, intellectual property licenses, and future performance, management-s expectations, beliefs, intentions, estimates, or projections, constitute “forward-looking statements.” Such forward-looking statements involve known and unknown risks, uncertainties, and other factors that may cause MMR-s actual results to be materially different from historical results or from any results expressed or implied by such forward-looking statements. Some can be identified by the use of words (and their derivations) such as “need,” “possibility,” “potential,” “intend,” “offer,” “development,” “if,” “negotiate,” “when,” “begun,” “believe,” “achieve,” “will,” “estimate,” “expect,” “maintain,” “plan,” and “continue,” or the negative of these words. Actual outcomes and results of operations and the timing of selected events may differ materially from the results predicted, and any reported results should not be considered as an indication of future performance. Such statements are necessarily based on assumptions and estimates and are subject to various risks and uncertainties, including those relating to the possible invalidity of the underlying assumptions and estimates and possible changes or developments in economic, business, industry, market, legal, and regulatory circumstances, conditions, and actions taken or omitted to be taken by third parties, including customers, suppliers, business partners, potential licensees, competitors, and legislative, judicial, and other governmental authorities and officials. Factors that could cause or contribute to such differences include but are not limited to unexpected outcomes with respect to intellectual property enforcement actions, claims of intellectual property infringement, and general intellectual property litigation; our ability to maintain, develop, monetize, and protect our patent portfolio for both MMR-s health IT and biotechnology intellectual property assets in the U.S. and internationally; the timing of milestone payments in connection with licensing our intellectual property; our ability to establish and maintain strategic relationships; changes in our relationships with our licensees; the risk MMR-s products are not adopted or viewed favorably by the healthcare community and consumer retail market; business prospects, results of operations or financial condition; risks related to the current uncertainty and instability in financial and lending markets including global economic uncertainties; the timing and volume of sales and installations; the length of sales cycles and the installation process; the market-s acceptance of new product and service introductions; competitive product offerings and promotions; changes in government laws and regulations including the 2009 HITECH Act and changes in Meaningful Use and the 2010 Affordable Care Act; future changes in tax legislation and initiatives in the healthcare industry; undetected errors in our products; the possibility of interruption at our data centers; risks related to third party vendors; risks related to obtaining and integrating third-party licensed technology; risks related to a security breach by third parties; risks associated with recruitment and retention of key personnel; other litigation matters; uncertainties associated with doing business internationally across borders and territories; and additional risks discussed in MMRGlobal-s filings with the Securities and Exchange Commission. MMR is providing this information as of the date of this release and, except as required by applicable law, does not undertake any obligation to update any forward-looking statements contained in this release as a result of new information, future events, or otherwise.
Michael Selsman
Public Communications Co.
(310) 922-7033
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