Published: August 03, 2011
Health Discovery Corporation Announces Progress in its Efforts to Cancel Intel Patent Claiming the RFE-SVM Method
SAVANNAH, Ga. - (BUSINESS WIRE) - Health Discovery Corporation (HDC) (OTCBB: HDVY) is pleased to announce
that its continuation patent application with claims directed to its
RFE-SVM method, which was filed in November 2010, has already been
indicated by the U.S. Patent Office to be allowable. The claims of the
continuation application were copied from those of Intel's Patent No.
7,685,077, entitled "Recursive Feature Eliminating Method Based on a
Support Vector Machine" , which was issued in early 2010 and purports to
claim rights in HDC's proprietary RFE-SVM method. By copying the claims
of the Intel patent, HDC sought to provoke an interference proceeding in
the U.S. Patent and Trademark Office to obtain an administrative ruling
that HDC is the exclusive owner of all rights in the RFE-SVM method.
Under Patent Office procedures, the examiner is required to check the
claims against the claims of issued patents, including the Intel patent,
to determine whether the claims interfere with other patents or
applications. This search has been completed and the examiner is now
aware of the existence of the competing claims. This is the first step
in initiating interference proceedings. Once the interference proceeding
begins, HDC will be identified as the "senior party" based on its
earlier priority date, which goes back to 2001. As the "junior party" ,
due to its earliest priority date of August 2005, Intel will have the
burden of proving that its date of actual invention was earlier than
HDC's earliest filing date. If Intel is unable to meet this burden, the
claims of Intel's patent will be canceled by the Patent Office.
"With our head start of more than four years over Intel's supposed
invention of RFE-SVM, Health Discovery is confident that the Patent
Office will find that Intel has no rights in the technology," stated
Stephen D. Barnhill, M.D., HDC's Chairman and CEO. "It is nonetheless a
testimonial to the value of the RFE-SVM technology when an industry
giant such as Intel attempts to claim exclusive rights to it."
Still further evidence of the importance of RFE-SVM is provided by
Google Scholar, which indicates that the 2002 paper originally
describing the technology has been cited more than 2,200 times in
academic publications, scientific journals and patents. "This widespread
adoption of the technology translates directly to licensing
opportunities through the Company's university licensing program along
with a soon-to-be-announced program for patent enforcement against
commercial users," said Dr. Barnhill.
About Health Discovery Corporation
Health Discovery Corporation is a molecular diagnostics company that
uses advanced mathematical techniques to analyze large amounts of data
to uncover patterns that might otherwise be undetectable. It operates
primarily in the emerging field of personalized medicine where such
tools are critical to scientific discovery. Its primary business
consists of licensing its intellectual property and developing its own
product line of biomarker-based diagnostic tests that include human
genes and genetic variations, as well as gene, protein, and metabolic
expression differences and image analysis in digital pathology and
radiology. For more information, see www.healthdiscovercorp.com.
Forward-Looking Statements
This document contains forward-looking statements within the meaning of
the Private Securities Litigation Reform Act of 1995, the accuracy of
which is necessarily subject to risks and uncertainties, including,
without limitation, statements regarding future performance,
opportunities and investments, and anticipated results in general. From
time to time the Company may make other forward-looking statements
relating to other matters, including without limitation,
commercialization plans and strategic partnerships. Actual results may
differ materially due to a variety of factors, including, among other
things, the acceptance of our approach to applying mathematics computer
science and physics into the disciplines of biology, organic chemistry
and medicine and our products and technologies associated with those
approaches, the ability to develop or commercialize new drugs, therapies
or other products based on our approaches, and other factors set forth
from time to time in the Company's Securities and Exchange Commission
filings.
All forward-looking statements and cautionary statements included in
this document are made as of the date hereof based on information
available to the Company as of the date hereof, and the Company assumes
no obligation to update any forward-looking statement or cautionary
statement.
Health Discovery Corporation
Marty Delmonte, 912-443-1987
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