From: Jenkins, Charles
`
`Sent: 11/28/2011 6:27:50 PM
`
`To: TTAB EFiling
`
`CC:
`
`Subject: U.S. TRADEMARK APPLICATION NO. 85040352 - ADAPTIVE
`CONNECTIVITY ENGINE - MASIMOT.403T - Request for Reconsideration Denied -
`Return to TTAB
`
`
`
`*************************************************
`Attachment Information:
`Count: 1
`Files: 85040352.doc
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
` APPLICATION SERIAL NO.
`
`85040352
`
`
`
` MARK: ADAPTIVE CONNECTIVITY ENGINE
`
`
` CORRESPONDENT ADDRESS:
`
` DEBORAH S SHEPHERD
` KNOBBE MARTENS OLSON & BEAR LLP
` 2040 MAIN ST FL 14
` IRVINE, CA 92614-8214
`
`
`
`
`
`
`
`
`
`
`*85040352*
`
`
`
`
`GENERAL TRADEMARK INFORMATION:
`http://www.uspto.gov/main/trademarks.htm
`
`
`
`
`
`
`
` Masimo Corporation
`
`
`
` APPLICANT:
`
` CORRESPONDENT’S REFERENCE/DOCKET NO:
` MASIMOT.403T
` CORRESPONDENT E-MAIL ADDRESS:
` efiling@kmob.com
`
`
`
`REQUEST FOR RECONSIDERATION DENIED
`
`
`ISSUE/MAILING DATE: 11/28/2011
`
`The trademark examining attorney has carefully reviewed applicant’s request for
`reconsideration and is denying the request for the reasons stated below. See 37 C.F.R.
`§2.64(b); TMEP §§715.03(a), 715.04(a). The requirement(s) and/or refusal(s) made final
`in the Office action dated April 12, 2011 are maintained and continue to be final. See
`TMEP §§715.03(a), 715.04(a).
`
`In the present case, applicant’s request has not resolved all the outstanding issue(s), nor
`does it raise a new issue or provide any new or compelling evidence with regard to the
`outstanding issue(s) in the final Office action. In addition, applicant’s analysis and
`arguments are not persuasive nor do they shed new light on the issues. Accordingly, the
`request is denied. The trademark examining attorney refers to the excerpted articles from
`the LexisNexis® computerized database in which “connectivity engine” appeared in
`reference to twenty-two articles. See attachments.
`
`The filing of a request for reconsideration does not extend the time for filing a proper
`response to a final Office action or an appeal with the Trademark Trial and Appeal Board
`(Board), which runs from the date the final Office action was issued/mailed. See 37
`C.F.R. §2.64(b); TMEP §§715.03, 715.03(a), (c).
`
`If time remains in the six-month response period to the final Office action, applicant has
`the remainder of the response period to comply with and/or overcome any outstanding
`
`

`
`final requirement(s) and/or refusal(s) and/or to file an appeal with the Board. TMEP
`§715.03(a), (c). However, if applicant has already filed a timely notice of appeal with the
`Board, the Board will be notified to resume the appeal when the time for responding to
`the final Office action has expired. See TMEP §715.04(a).
`
`
`
`
`
`/Charles L. Jenkins, Jr./
`Trademark Examining Attorney
`Law Office 105
`charles.jenkins@uspto.gov
`571-272-9305
`
`
`****************************045285*************************
`*****
`
`

`
`
`
`SEND TO: JENKINS, CHARLES
`SEND TO:
`JENKINS, CHARLES
`TRADEMARK LAW LIBRARY
` TRADEMARK LAW LIBRARY
`600 DULANY ST
` 600 DULANY ST
` ALEXANDRIA, VIRGINIA 22314-5790
`ALEXANDRIA, VIRGINIA 22314-5790
`
`

`
`MAIL-IT REQUESTED: NOVEMBER 28, 2011
`MAIL—IT REQUESTED: NOVEMBER 28, 2011
`lOO83K
`10083K
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`FILE: ALLNWS
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`YOUR SEARCH REQUEST AT THE TIME THIS MAIL—IT WAS REQUESTED:
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`NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:
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`SEND TO: JENKINS, CHARLES
`SEND TO:
`JENKINS, CHARLES
`
`

`
` TRADEMARK LAW LIBRARY
` 600 DULANY ST
` ALEXANDRIA VIRGINIA 22314-5790
`
`
`
`**********************************01953********************
`**************
`
`

`
`
`
`Copyright 2008 The Kansas City Star
`All Rights Reserved
`The Kansas City Star
`
`
`
`
`
`July 1, 2008 Tuesday
`
`
`
`
`
`
`
`SECTION: D; Pg. 1
`
`LENGTH: 1920 words
`
`HEADLINE: Cerner makes its moves beyond software
`
`BYLINE: JULIUS A. KARASH, The Kansas City Star
`
`
`
` BODY:
`
`
`
` Cerner Corp., a pioneer in the computerization of health-care records, is broadening its repertoire.
`
`
`
` The North Kansas City-based company is vaulting beyond computer software in three key areas:
`
` Connecting hospital medical devices to patient electronic medical records to improve safety and
`efficiency.
`
`
`
` Coordinating health benefits for other companies to help them cut costs, boost workers' health
`and raise productivity.
`
`
`
` Crunching life science data to help determine the safety and effectiveness of drugs and medical
`treatment plans.
`Cerner Corp.'s president, Trace Devanny, shows off the company's
`"smart room,"
`a hospital patient room filled with new equipment to funnel data
`into
`electronic medical records instantly.
`In Cerner's "smart room," this television monitor above the bed
`displays
`medical information for doctors to save them time flipping through
`charts.
`
`
`
`

`
`At Cerner's on-campus clinic, pharmacist Erin Smith dispenses
`prescriptions for
`employees and their families.
`
`
`
` These endeavors occupy about 635 Cerner employees, a small part of the company's more than
`7,600 workers around the globe, including more than 4,800 in the Kansas City area.
`
` But the employee numbers belie the significance that Cerner attaches to these ventures.
`
`
`
`
`
` "We are transforming ourselves from an IT company to a health-care company," Cerner president
`Trace Devanny said recently. "Extending our capability beyond information technology flow to that
`of the entire health-care process is a natural extension of our business."
`
`
`
` Since its founding in 1979, Cerner has pushed the envelope of change. With the zeal of a cyber-
`missionary, it has sought to convince hospitals, doctors and other health providers to dump paper
`records and replace them with Cerner software. Despite frequent stock gyrations, steadily growing
`business testifies to Cerner's success. The company logged $1.52 billion in revenue last year, an
`increase of 10 percent from the previous year.
`
`
`
` While also pushing for growth in overseas markets, Cerner now is making stronger moves into
`medical device connectivity, employer health services and life science data analysis.
`
` The time may be ripe for all three.
`
`
`
`
`
` Connecting medical devices to electronic medical records dovetails with growing demand for
`patient safety. And growing adoption of electronic medical records gives Cerner more opportunities
`in this area.
`
`
`
` Coordinating employer health services in ways that improve efficiency satisfies growing
`employer demands for lower health-care costs, better patient outcomes and more emphasis on
`wellness.
`
`
`
` Life science data analysis meets a growing demand for information about safety and effectiveness.
`
` Cerner does not break out financial numbers for these areas, though each has its own division
`within the company.
`
`
`
` "While these initiatives don't currently contribute a significant amount of revenue, we expect them
`to build momentum over the next few years and become a big driver of our growth over the next
`decade," said Cerner spokeswoman Kelli Christman.
`
`
`
` None of these efforts is brand new. Cerner actually started working on medical device
`connectivity more than 25 years ago, for example. But Cerner is revving up its efforts in these
`segments because of the growing demands and opportunities.
`
`
`
`
`

`
` Industry observers say the timing is right.
`
`
`
` "Hospital IT, their core business, is not going to grow forever," said Richard Close Jr., a securities
`analyst who follows Cerner for Jefferies & Co. "The company needs to evaluate additional avenues
`for growth going forward."
`
`Getting connected
`
`
`
` Cerner's DeviceWorks division, which has 380 employees, is focused on capturing the
`information generated by medical devices. Cerner's CareAware technology enables data from
`devices such as IV pumps, anesthesia machines and physiological monitors to flow directly into a
`Cerner " connectivity engine, " and from there into a patient's electronic medical record. There's
`no risk of a nurse or doctor copying or entering the data incorrectly and causing medical errors,
`even death.
`
`
`
` Cerner showcases these capabilities in a model "smart room" at its North Kansas City
`headquarters. The room includes an "intelligent bed," manufactured by Batesville, Ind.-based Hill-
`Rom, that can measure a patient's weight and temperature. In a real hospital room, such data would
`flow seamlessly from the bed into the patient record.
`
`
`
` "Cerner has grown and our clients have grown with us," said Bill Miller, vice president of
`Cerner's DeviceWorks division. "As they put in these sophisticated clinical systems, we're able to
`rebuild the care process."
`
`
`
` Heartland Healthin St. Joseph recently acquired Cerner CareAware technology, which captures
`data from anesthesia machines and physiological monitors. Crucial information - such as blood
`pressure, temperature and heart rate - is funneled into the electronic medical record.
`
`
`
` "As we begin to automate the care process and we have created an electronic medical record, the
`next natural step is to take the clinical equipment that is used in care and capture the data from that
`care," said Helen Thompson, chief information officer at the 350-bed Heartland Health. "It
`improves safety and improves quality and helps us reduce costs."
`
`
`
`
`
` Thompson said Heartland plans to connect IV pumps, glucometers, intelligent beds, fetal monitors
`and electrocardiogram machines to the CareAware system.
`
` Heartland already used Cerner Millennium software for electronic medical records. But Cerner
`officials point out that CareAware connectivity can be set up in hospitals that do not use Cerner
`Millennium.
`
`
`
` "CareAware does not require the Millennium footprint, but it does bring together all of those vital
`pieces of data in the form of a single source of truth that allows better care at the bedside," Devanny
`said.
`
`
`
` Analyst Close said Cerner is leading the pack in the connectivity field.
`
`
`

`
` "Considering that more and more medical devices are incorporating software and technology and
`gathering data, it only makes sense for Cerner to build relationships with device companies, in some
`cases partner with them, to create plug-and-play connectivity (with) electronic medical records in
`the hospital," he said.
`
`Employer services
`
` U.S. employers are desperate to rein in health-care costs, and Cerner says it can help.
`
` Cerner's Healthe division, which has 140 employees, offers health-related services such as clinics,
`health coaches, health-benefit administration and electronic personal health records.
`
`
`
` To improve its own health benefits and showcase what is possible, Cerner opened an on-site
`health clinic for its employees and family members in 2006. Doctor visits are free. Patients get a
`break on drug costs at the clinic pharmacy, and they don't have to leave the headquarters campus.
`
`
`
`
`
`
`
` The company says the clinic and an accompanying pharmacy saved it nearly $2.6 million in 2007.
`The savings came from fewer visits to medical specialists, fewer emergency room visits, fewer
`hospitalizations, drug cost savings and increased employee productivity.
`
`
`
` Bill Wing, vice president of Cerner's Healthe division, said Cerner is now setting up its first such
`clinic for another company.
`
`
`
` "I can't tell you who it is because they haven't announced it to their own employees yet," Wing
`said.
`
`
`
` Over the next five years, Cerner hopes to establish more than 50 such clinics for employers
`around the country.
`
`
`
` In a similar vein, Wing said Cerner is talking to several employers about setting up stand-alone
`on-site pharmacies for them.
`
`
`
` "Just by dispensing the drug yourself, as the employer you're able to save, on average, about 15
`percent. And if you do a generic drug, it can be anywhere from 50 percent to 80 percent savings,"
`he said. "There's lots of opportunity on the pharmacy side before you get to a full-blown clinic."
`
`
`
` Cerner also offers coaches to work with employees who have chronic diseases such as diabetes.
`The goal is to devise and implement strategies for better health, such as through better cholesterol
`and blood pressure levels.
`
`
`
` The Healthe division also offers cards that employees can use to instantly process claims at
`participating doctors' offices and retail pharmacies.
`
`
`
` Carondelet Health, which operates St. Joseph Medical Centerand St. Mary's Medical Center,
`recently contracted for Cerner to administer Carondelet's employee health plan.
`
`
`

`
` "They provide us with a network of providers and process the claims," said Donna Sumner,
`Carondelet's director of compensation and benefits. "They coordinate the care of our employees."
`
`
`
` Some question the wisdom of Cerner's moves into employer services, especially third-party
`administration of employee health benefits, which is known in the industry as "TPA."
`
`
`
` "We're surprised that a publicly traded company like Cerner - and we all know they're continually
`under pressure to make short-term gains for their shareholders - that they would venture into such a
`low-margin TPA market," said Susan M. Johnson, spokeswoman for BlueCross and Blue Shield of
`Kansas City, which also provides benefit administration.
`
` Johnson said Blue Cross also questions Cerner's clinic strategy.
`
`
`
`
`
` "What's working in the market are those retail clinics that use nurse practitioners and employ a
`low-cost, high volume of business," she said.
`
`
`
` But Cerner president Devanny countered that "Cerner believes the health-care industry spend in
`the United States is very, very excessive. We think there are some efficiencies we can help provide
`that would also make a big difference in the reduction of cost, the improvement of quality and,
`ultimately, the improvement of patient care."
`
`Crunching data
`
`
`
` At Cerner's LifeSciences division, which has 115 employees, biostatisticians analyze mountains
`of data, much of it from health-care institutions that use Cerner software.
`
`
`
` The data is electronically "de-identified" to ensure that patients remain anonymous. Cerner
`scientists in Kansas City, Colorado, California and Virginia study the data to determine the
`effectiveness of certain treatment plans and medications.
`
`
`
` For example, patients in different age and demographic groups may respond differently to a
`particular cancer treatment. Cerner scientists study the information to determine which groups
`benefit and which ones may be harmed.
`
`
`
` "With the access to de-identified information that our clients have provided, we're able to do long-
`term trending and analysis," said Cerner's Christman. "With access to full EMR (electronic medical
`record) information, we're able to see everything from patient history to current medications."
`
`
`
` Ruchi Mallya, an analyst with Datamonitor Inc., said Cerner is developing new technologies for
`studying drug safety. The idea is to give scientists better tools to mine electronic medical records.
`
`
`
` "This is a relatively new undertaking, but it's crucial," Mallya said. "Drug safety has become a
`bigger issue, especially since the Vioxx scandal. As more hospitals adopt electronic medical
`records, these types of studies will become more widespread, and it will give pharmaceutical
`companies better decision-making capabilities."
`
`
`

`
` Doug McNair, Cerner's senior vice president for the LifeSciences division, said the life sciences
`unit is in its "adolescent stage," with demand expected to grow dramatically in coming years. Much
`of that growth will be spurred by stronger FDA regulation of drug development and clinical trials,
`he said.
`
` "The consumers themselves, they certainly are stakeholders in the need to be informed," McNair
`said.
`
`
`
`
`
` Devanny, meantime, said Cerner has what it takes to achieve traction on all the roads it is
`traveling.
`
`
`
` "We believe that he who has the data wins."
`
`
`LOAD-DATE: July 1, 2008
`
`

`
`
`
`
`
`
`Copyright 2008 ProQuest Information and Learning Company
`All Rights Reserved
`Business Dateline
`Copyright 2008 The Kansas City Star, Mo. Distributed by McClatchy-TribuneInformation Services.
`For reprints, email tmsreprints£permissionsgroup.com, call800-374-7985 or 847-635-6550, send a
`fax to 847-635-6968, or write to ThePermissions Group Inc., 1247 Milwaukee Ave., Suite 303,
`Glenview, IL 60025, USA.
`McClatchy - Tribune Business News
`
`
`
`
`
`July 1, 2008
`
`
`
`SECTION: Pg. n/a
`
`ACC-NO: 1503216861
`
`LENGTH: 1854 words
`
`HEADLINE: Cerner makes its moves beyond software
`
`BYLINE: Karash, Julius A
`
`
`
` BODY:
`
`
`
` Jul. 1--Cerner Corp., a pioneer in the computerization of health-care records, is broadening its
`repertoire.
`
`
`
`
`
` The North Kansas City-based company is vaulting beyond computer software in three key areas:
`
` --Connecting hospital medical devices to patient electronic medical records to improve safety and
`efficiency.
`
`
`
` --Coordinating health benefits for other companies to help them cut costs, boost workers' health
`and raise productivity.
`
`
`
` --Crunching life science data to help determine the safety and effectiveness of drugs and medical
`treatment plans.
`
`
`

`
` These endeavors occupy about 635 Cerner employees, a small part of the company's more than
`7,600 workers around the globe, including more than 4,800 in the Kansas City area.
`
` But the employee numbers belie the significance that Cerner attaches to these ventures.
`
`
`
`
`
` "We are transforming ourselves from an IT company to a health-care company," Cerner president
`Trace Devanny said recently. "Extending our capability beyond information technology flow to that
`of the entire health-care process is a natural extension of our business."
`
`
`
` Since its founding in 1979, Cerner has pushed the envelope of change. With the zeal of a cyber-
`missionary, it has sought to convince hospitals, doctors and other health providers to dump paper
`records and replace them with Cerner software. Despite frequent stock gyrations, steadily growing
`business testifies to Cerner's success. The company logged $1.52 billion in revenue last year, an
`increase of 10 percent from the previous year.
`
`
`
` While also pushing for growth in overseas markets, Cerner now is making stronger moves into
`medical device connectivity, employer health services and life science data analysis.
`
` The time may be ripe for all three.
`
`
`
`
`
` Connecting medical devices to electronic medical records dovetails with growing demand for
`patient safety. And growing adoption of electronic medical records gives Cerner more opportunities
`in this area.
`
`
`
` Coordinating employer health services in ways that improve efficiency satisfies growing
`employer demands for lower health-care costs, better patient outcomes and more emphasis on
`wellness.
`
`
`
` Life science data analysis meets a growing demand for information about safety and effectiveness.
`
`
`
` Cerner does not break out financial numbers for these areas, though each has its own division
`within the company.
`
`
`
` "While these initiatives don't currently contribute a significant amount of revenue, we expect them
`to build momentum over the next few years and become a big driver of our growth over the next
`decade," said Cerner spokeswoman Kelli Christman.
`
`
`
` None of these efforts is brand new. Cerner actually started working on medical device
`connectivity more than 25 years ago, for example. But Cerner is revving up its efforts in these
`segments because of the growing demands and opportunities.
`
`
`
`
`
` Industry observers say the timing is right.
`
` "Hospital IT, their core business, is not going to grow forever," said Richard Close Jr., a securities
`analyst who follows Cerner for Jefferies & Co. "The company needs to evaluate additional avenues
`for growth going forward."
`
`

`
`
`
`
`
` Getting connected
`
` Cerner's DeviceWorks division, which has 380 employees, is focused on capturing the
`information generated by medical devices. Cerner's CareAware technology enables data from
`devices such as IV pumps, anesthesia machines and physiological monitors to flow directly into a
`Cerner " connectivity engine, " and from there into a patient's electronic medical record. There's
`no risk of a nurse or doctor copying or entering the data incorrectly and causing medical errors,
`even death.
`
`
`
` Cerner showcases these capabilities in a model "smart room" at its North Kansas City
`headquarters. The room includes an "intelligent bed," manufactured by Batesville, Ind.-based Hill-
`Rom, that can measure a patient's weight and temperature. In a real hospital room, such data would
`flow seamlessly from the bed into the patient record.
`
`
`
` "Cerner has grown and our clients have grown with us," said Bill Miller, vice president of
`Cerner's DeviceWorks division. "As they put in these sophisticated clinical systems, we're able to
`rebuild the care process."
`
`
`
` Heartland Health in St. Joseph recently acquired Cerner CareAware technology, which captures
`data from anesthesia machines and physiological monitors. Crucial information -- such as blood
`pressure, temperature and heart rate -- is funneled into the electronic medical record.
`
`
`
` "As we begin to automate the care process and we have created an electronic medical record, the
`next natural step is to take the clinical equipment that is used in care and capture the data from that
`care," said Helen Thompson, chief information officer at the 350-bed Heartland Health. "It
`improves safety and improves quality and helps us reduce costs."
`
`
`
` Thompson said Heartland plans to connect IV pumps, glucometers, intelligent beds, fetal monitors
`and electrocardiogram machines to the CareAware system.
`
`
`
` Heartland already used Cerner Millennium software for electronic medical records. But Cerner
`officials point out that CareAware connectivity can be set up in hospitals that do not use Cerner
`Millennium.
`
`
`
` "CareAware does not require the Millennium footprint, but it does bring together all of those vital
`pieces of data in the form of a single source of truth that allows better care at the bedside," Devanny
`said.
`
`
`
` Analyst Close said Cerner is leading the pack in the connectivity field.
`
` "Considering that more and more medical devices are incorporating software and technology and
`gathering data, it only makes sense for Cerner to build relationships with device companies, in some
`cases partner with them, to create plug-and-play connectivity (with) electronic medical records in
`the hospital," he said.
`
`
`
`
`

`
` Employer services
`
`
`
`
`
` U.S. employers are desperate to rein in health-care costs, and Cerner says it can help.
`
` Cerner's Healthe division, which has 140 employees, offers health-related services such as clinics,
`health coaches, health-benefit administration and electronic personal health records.
`
`
`
` To improve its own health benefits and showcase what is possible, Cerner opened an on-site
`health clinic for its employees and family members in 2006. Doctor visits are free. Patients get a
`break on drug costs at the clinic pharmacy, and they don't have to leave the headquarters campus.
`
`
`
` The company says the clinic and an accompanying pharmacy saved it nearly $2.6 million in 2007.
`The savings came from fewer visits to medical specialists, fewer emergency room visits, fewer
`hospitalizations, drug cost savings and increased employee productivity.
`
`
`
` Bill Wing, vice president of Cerner's Healthe division, said Cerner is now setting up its first such
`clinic for another company.
`
`
`
` "I can't tell you who it is because they haven't announced it to their own employees yet," Wing
`said.
`
`
`
` Over the next five years, Cerner hopes to establish more than 50 such clinics for employers
`around the country.
`
`
`
` In a similar vein, Wing said Cerner is talking to several employers about setting up stand-alone
`on-site pharmacies for them.
`
`
`
` "Just by dispensing the drug yourself, as the employer you're able to save, on average, about 15
`percent. And if you do a generic drug, it can be anywhere from 50 percent to 80 percent savings,"
`he said. "There's lots of opportunity on the pharmacy side before you get to a full-blown clinic."
`
`
`
` Cerner also offers coaches to work with employees who have chronic diseases such as diabetes.
`The goal is to devise and implement strategies for better health, such as through better cholesterol
`and blood pressure levels.
`
`
`
` The Healthe division also offers cards that employees can use to instantly process claims at
`participating doctors' offices and retail pharmacies.
`
`
`
` Carondelet Health, which operates St. Joseph Medical Center and St. Mary's Medical Center,
`recently contracted for Cerner to administer Carondelet's employee health plan.
`
`
`
` "They provide us with a network of providers and process the claims," said Donna Sumner,
`Carondelet's director of compensation and benefits. "They coordinate the care of our employees."
`
`
`
` Some question the wisdom of Cerner's moves into employer services, especially third-party
`administration of employee health benefits, which is known in the industry as "TPA."
`
`

`
`
`
` "We're surprised that a publicly traded company like Cerner -- and we all know they're continually
`under pressure to make short-term gains for their shareholders -- that they would venture into such a
`low-margin TPA market," said Susan M. Johnson, spokeswoman for BlueCross and Blue Shield of
`Kansas City, which also provides benefit administration.
`
` Johnson said Blue Cross also questions Cerner's clinic strategy.
`
`
`
`
`
` "What's working in the market are those retail clinics that use nurse practitioners and employ a
`low-cost, high volume of business," she said.
`
`
`
` But Cerner president Devanny countered that "Cerner believes the health-care industry spend in
`the United States is very, very excessive. We think there are some efficiencies we can help provide
`that would also make a big difference in the reduction of cost, the improvement of quality and,
`ultimately, the improvement of patient care."
`
`
`
`
`
` Crunching data
`
` At Cerner's LifeSciences division, which has 115 employees, biostatisticians analyze mountains
`of data, much of it from health-care institutions that use Cerner software.
`
`
`
` The data is electronically "de-identified" to ensure that patients remain anonymous. Cerner
`scientists in Kansas City, Colorado, California and Virginia study the data to determine the
`effectiveness of certain treatment plans and medications.
`
`
`
` For example, patients in different age and demographic groups may respond differently to a
`particular cancer treatment. Cerner scientists study the information to determine which groups
`benefit and which ones may be harmed.
`
`
`
` "With the access to de-identified information that our clients have provided, we're able to do long-
`term trending and analysis," said Cerner's Christman. "With access to full EMR (electronic medical
`record) information, we're able to see everything from patient history to current medications."
`
`
`
` Ruchi Mallya, an analyst with Datamonitor Inc., said Cerner is developing new technologies for
`studying drug safety. The idea is to give scientists better tools to mine electronic medical records.
`
`
`
` "This is a relatively new undertaking, but it's crucial," Mallya said. "Drug safety has become a
`bigger issue, especially since the Vioxx scandal. As more hospitals adopt electronic medical
`records, these types of studies will become more widespread, and it will give pharmaceutical
`companies better decision-making capabilities."
`
`
`
` Doug McNair, Cerner's senior vice president for the LifeSciences division, said the life sciences
`unit is in its "adolescent stage," with demand expected to grow dramatically in coming years. Much
`of that growth will be spurred by stronger FDA regulation of drug development and clinical trials,
`he said.
`
`
`

`
` "The consumers themselves, they certainly are stakeholders in the need to be informed," McNair
`said.
`
`
`
` Devanny, meantime, said Cerner has what it takes to achieve traction on all the roads it is
`traveling.
`
`
`
`
`
` "We believe that he who has the data wins."
`
` Credit: The Kansas City Star, Mo.
`
`
`LOAD-DATE: July 30, 2008
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`

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`
`Copyright 2004 American Banker-Bond Buyer a division
`of Thomson Publishing Corporation
`Health Data Management
`
`
`August, 2004
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`SECTION: NEWSLINE DIGEST; Vol. 12; No. 8; Pg. 30
`
`LENGTH: 220 words
`
`HEADLINE: Picis Sues Two Vendors
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` BODY:
` Picis Inc., a Wakefield, Mass.-based vendor of software for operating rooms and critical care
`units, has filed a patent infringement lawsuit against competitor Surgical Information Systems,
`Alpharetta, Ga., and connectivity software vendor Capsule Technologie of Paris. The suit, filed
`June 28 in U.S. District Court of Georgia, Atlanta division, alleges the defendants are using
`technology that Picis developed. According to the suit, the patent covers Click n'Link, a
`connectivity engine Picis developed to capture data from physiological monitors, ventilators
`and anesthesia machines for automated patient charting and storage in a database. Picis employed
`the founder of Capsule Technologie from 1995-1997. He then formed Capsule Technologie; Picis
`contracted with the new company for product development services until 1999. The lawsuit alleges
`that Capsule Technologie's DataCaptor connectivity software uses Picis' technology. In February
`2004, Capsule Technologie announced Surgical Information Systems would integrate DataCaptor
`into its perioperative information system. Executives at Capsule Technologie and Surgical
`Information Systems have said the lawsuit is without merit.
`
`
`
` Copyright 2004 Thomson Media Inc. All Rights Reserved. http://www.thomsonmedia.com
`http://www.healthdatamanagement.com
`
`LOAD-DATE: August 2, 2004
`
`

`
`
`
`Copyright 2004 AHC Media LLC
`All Rights Reserved
`Medical Device Daily
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`
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`July 1, 2004 Thursday
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`LENGTH: 1237 words
`
`HEADLINE: Court report
`
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` BODY:
`
`
`
` Court report
`
` Endocare gets a Wells Notice, Picis alleges infringement
`
`
`
`
`
` A Medical Device Daily Staff Report Endocare (Irvine, California), a company developing
`minimally invasive technologies for tissue and tumor ablation, on Wednesday reported receiving a
`Wells Notice from the Securities and Exchange Commission (SEC) relating to the previously
`announced SEC investigation of financial statements filed by the company in 2001 and 2002.
`
`
`
` The notification indicates the SEC staff's intention to recommend that the agency bring a civil
`proceeding against Endocare, and offered the company the opportunity to provide the staff with a
`written submission for its consideration before a formal decision is made on what action may be
`recommended.
`
`
`
` The SEC also has sent written notification of its intention to recommend the filing of civil actions
`against former management, former sales personnel and the company's current head of sales and
`marketing.
`
`
`
` As permitted under the Wells Notice process, Endocare said it will "engage in a dialogue with the
`SEC staff before they render a formal decision on what action, if any, to recommend." Company
`management also indicated that the entire Endocare organization remains committed to cooperating
`fully with the SEC and bringing a timely close to the proceedings.
`
`
`

`
` Endocare has initially concentrated on developing devices for the treatment of prostate cancer
`and believes that its technologies have applications across a number of markets, including the
`a