Quality Healthcare Denied Motion to Dismiss

November 5, 2015 – The Northern District of Illinois denied Plaintiff Quality Healthcare’s motion to dismiss invalidity and unenforceability counterclaims for lack of subject matter jurisdiction.  The Court reasoned a covenant not to sue that Quality Healthcare provided to Defendant CoreSource was insufficient.  “The proffered covenant is revocable.  The proffered covenant has limitations: it does not immunize [Defendant’s] customers or successors from the threat of future lawsuit, and it does not include any alterations to [Defendant’s] presently implemented methods.  Additionally, [Plaintiff] unilaterally tendered the ‘covenant’ to [Defendant]; [Defendant] never accepted it, and therefore, it is not an enforceable agreement.”

The case is captioned Quality Healthcare Intermediary, LLC v. CoreSource, Inc., 13-cv-5182, in the Northern District of Illinois, Eastern Division.  The patents-at-issue are U.S. Patent Nos. 8,036,916 and 8,489,420, both entitled “Method of Optimizing Healthcare Services Consumption.”

By:  Christopher J. Stankus

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