Lawsuit accuses radiology AI vendor MIM Software of patent theft

A rival company is accusing Cleveland-based radiology artificial intelligence vendor MIM Software Inc. of stealing its technology to help make it a more appealing acquisition target for GE HealthCare.

Progenics Pharmaceuticals Inc. claims it had for years discussed a proposed partnership, with MIM potentially integrating PP’s patents into its own nuclear imaging software. Progenics even sent a collaboration agreement for MIM to sign in October 2022, according to the complaint, filed Feb. 23 in a U.S. District Court.

However, months passed, and in June 2023, Progenics allegedly discovered that MIM had published articles and website materials touting new features.

“MIM’s publications were and are troubling to plaintiffs,” Tarrytown, New York-based Progenics Pharmaceuticals, which was acquired by Lantheus in 2020, said in the complaint. “They plainly show that MIM took the inventions claimed in the asserted patents and, instead of licensing the technology from plaintiffs, simply integrated the inventions into the infringing products without plaintiffs’ permission.”

“Making matters worse,” Progenics said, MIM allegedly used these patents to help induce GE HealthCare to acquire the company in January.

“Apparently, MIM had been pursuing acquisition by GE HealthCare for months while simultaneously incorporating plaintiffs’ patented inventions into MIM’s software,” the complaint charges. “Upon information and belief, MIM disregarded the asserted patents after deciding that it was simply more convenient than paying for a license to use them.”

MIM Software did not immediately respond to a Radiology Business request for comment Tuesday. GE HealthCare, meanwhile, said it does not comment on pending litigation. GE first announced the acquisition on Jan. 8, and the deal had not yet closed as of Tuesday.

Progenics is asking for a judgment that MIM Software has stolen its patents, monetary damages, and a court order preventing further alleged infringement.

Founded in the early 2000s—with its first product referred to as “MIM,” or Medical Image Merge—the company also operates in oncology, urology, neurology and cardiology. MIM Software offers 40-plus solutions, used by over 3,000 institutions worldwide, and has more than 350 employees, with additional offices in China and Belgium.

Marty Stempniak

Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic. 

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