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Wednesday, June 29, 2022

The Inside Scoop on Health Discovery Corporation (OTCMKTS: HDVY)

Health Discovery Corporation (OTCMKTS: HDVY) is spiking up the charts on a significant surge of volume in recent days after the Company announced it has filed an infringement lawsuit against Intel Corporation pertaining to HDC ’s Support Vector Machine-Recursive Feature Elimination methods (“SVM-RFE”) patents. Health Discovery has attempted numerous times to avoid litigation with Intel regarding this dispute. Unfortunately, those efforts were unsuccessful and as a result this infringement suit is necessary according to HDC CEO George H. McGovern, III.

Patent stocks are even more explosive than biotechs and HDVY has been no exception spiking from under a penny to highs over $0.20 per share in February of last year after the United States Patent and Trademark Office (“USPTO”) ruled in favor of HDC on the SVM-RFE Patents in the Interference proceeding between HDC and Intel. HDC has retained the firm of Dunlap, Bennett & Ludwig to represent the Company which has been filed in the United States District Court for the Western District of Texas, Waco Division where Intel has operations.

Health Discovery Corporation (OTCMKTS: HDVY) is a machine learning company that uses advanced mathematical techniques to analyze large amounts of data to uncover patterns that might otherwise be undetectable. The Company operates primarily in the field of molecular diagnostics where such tools are critical to scientific discovery. The terms artificial intelligence and machine learning are sometimes used to describe pattern recognition tools.

HDC’s mission is to use its patents, intellectual prowess, and clinical partnerships principally to identify patterns that can advance the science of medicine, as well as to advance the effective use of its technology in other diverse business disciplines, including the high-tech, financial, and healthcare technology markets.

The Companies historical foundation lies in the molecular diagnostics field where it haas made a number of discoveries that may play a role in developing more personalized approaches to the diagnosis and treatment of certain diseases. However, its Support Vector Machines (“SVM”) assets in particular have broad applicability in many other fields. Intelligently applied, HDC’s pattern recognition technology can be a portal between enormous amounts of otherwise undecipherable data and truly meaningful discovery.

HDC principal asset is its intellectual property, which includes advanced mathematical algorithms called SVM, as well as biomarkers that it  discovered by applying its SVM techniques to complex genetic and proteomic data. HDI intellectual property is protected by 31 patents that have been issued or are currently pending around the world.

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HDC is surging higher after the Company announced it has filed an infringement lawsuit against Intel Corporation. This infringement suit pertains to Health Discovery’s Support Vector Machine-Recursive Feature Elimination methods (“SVM-RFE”) patents.

In February 2019 HDVY skyrocketed from under a penny to highs over $0.20 per share after the United States Patent and Trademark Office (“USPTO”) ruled in favor of Health Discovery on the SVM-RFE Patents in the Interference proceeding between HDC and Intel. The Patent Trial and Appeal Board (“PTAB”) of the USPTO issued its decision, finding that Health Discovery is entitled to claim exclusive rights to the SVM-RFE technology as set forth in the patent application that was filed to provoke the Interference. The decision ordered Intel’s Patent No. 7,685,077 to be cancelled. The decision also dismissed Intel’s motions challenging the validity of Health Discovery’s pending claims and issued patents covering SVM-RFE.

In September 2019, the USPTO issued U.S. Patent No. 10,402,685 (“SVM-RFE Patent”) for Health Discovery’s patent application covering SVM-RFE. Health Discovery now owns four patents in the United States, owns five international patents covering the SVM-RFE method, and is the sole owner of all patents related to SVM-RFE. Furthermore, the USPTO granted a Patent Term Adjustment (“PTA”) to the SVM-RFE Patent. The PTA is 1,785 days (almost 5 years), which, added to the normal 20-year-from-filing patent term, extends this patent term to June 7, 2025.

George H. McGovern, III, HDC’s Chairman and CEO, noted, “Health Discovery is taking the necessary steps to protect its sole ownership of SVM-RFE patents against infringement.”

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Currently running up the charts HDVY is an exciting story developing in small caps; pink current, the Company has over $2 million in the treasury and its most valuable asset i its intellectual property, which includes advanced mathematical algorithms called SVM, as well as biomarkers that it discovered by applying its SVM techniques to complex genetic and proteomic data. HDI intellectual property is protected by 31 patents that have been issued or are currently pending around the world. The Company scored a resounding win in February 2019 when the USPTO ruled in favor of HDC on the SVM-RFE Patents in the Interference proceeding between HDC and Intel.  Now that HDC has filed a lawsuit things could start popping for HDVY. Intel has paid out big money to settle patent-infringement lawsuit’s in the past recently paying $250 million over five years to Transmeta Corp. to settle a patent-infringement lawsuit over chip designs and power management technology Patent stocks are even more explosive than biotechs, we have covered another play in the space NLST as it has risen from pennies to highs near $1. We will be updating on HDVY when more details emerge so make sure you are subscribed to Microcapdaily so you know what’s going on with HDVY.

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Disclosure: we hold no position in HDVY either long or short and we have not been compensated for this article.

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6 COMMENTS

  1. Attn; Boe Rimes. I am a large shareholder in HDC and a former director. On Friday, 24 July, 2020 I emailed this to HDC shareholders, including management and the board, for whom I have email addresses. One shareholder suggested that I forward it to you as well. Sincerely, William F. Quirk, Jr.

    All,

    Attached is HDC’s just-filed lawsuit against Intel. In my view this Complaint is outstanding, well beyond simply superb. CEO George McGovern deserves tremendous credit for shepherding this to fruition. It is waterproof and bulletproof; a huge battering ram that Intel will find very difficult to defend against. HDC has pursued this for ten years. Ten long years! Reinterpreting “The Hound of Heaven”, Intel (“I”), fully intending to exhaust the cash and staying power of HDC (“Him”) …

    I fled Him, down the nights and down the days; I fled Him, down the arches of the years; I fled Him, down the labyrinthine ways.

    It didn’t work in Francis Thompson’s poem (Him caught I) and it didn’t work here. We always suspected that Intel’s long-standing use of our proprietary technology was being used in a multitude of their products and processes and this lawsuit now documents this conclusively. It’s not over yet but in my view, Intel has to pay up, big time. I don’t believe Intel can chance a jury trial because of the triple damages potential (see below). This is the beginning of the end.

    Some observations.

    • “Rocket Docket.” This court (The U.S. District Court for the Western District of Texas – Waco Division) and its sibling, the “Eastern District”, are known in patent litigation circles as Rocket Dockets because they deal with patent cases very expeditiously. The judges are patent-knowledgeable and appear disinclined to be overwhelmed by the dilatory tactics of huge corporations. The best cases could take a year or more. Everything being equal, better to file here than, well, anywhere else.

    • Enhanced Damages. The Complaint documents conclusively that Intel willfully used our technology even though they knew it was protected by our patents. Willful is a long iron spear with a very sharp tip, as it exposes purposeful infringers to what is known as “enhanced damages”, i.e. as much as triple damages. See the attachment below that I emailed last year describing the Supreme Court decision that made it much easier for plaintiffs to prove willfulness. It’s actually worth reading to understand that this is not some pie-in- the-sky fantasy. And I don’t think that Intel can dismiss this factor as trivial. Also see “675 million” pdf below, and this is without enhanced damages but possibly with the threat of them. This is a really big “biggie” …

    • Cascading Infringement. Intel’s infringing products and processes are used “downstream”, as it’s known, by customers and partners. Knowingly, or not, these too are infringers and exposed to HDC’s claims. Intel must hold these parties harmless and thus the potential recovery for HDC is larger by a serious but unquantifiable amount. Any resolution of this matter must necessarily take this into account. This is not a trivial factor.

    • China. Whether to disguise its origins or not, HDC’s SVM-RFE patent was literally copied and pasted by Intel’s Chinese mathematicians (I saw this myself some years ago), clumsily disguised with a fake “feedback loop” so as to be able to claim originality, and then submitted to the U.S. Patent Office. Upcoming WSJ investigatory headline? “Intel uses China office to launder stolen technology from small U.S. company”??? Intel can’t possibly permit that, can they? In my view, this is also a biggie for two reasons: first, purposeful theft and concealment and second, perpetrated in China which is now politically toxic. Bad, really bad, and too bad for Intel in a jury trial in Waco.

    • Permanent injunction requested. The Court will never permit this to happen but if it did, the damage to Intel would be staggering. Theoretically this is the biggest biggie.

    The attorneys who crafted this Complaint did an tremendous job. Eleanor Musick, HDC’s longtime “uber-knowledgeable” patent counsel, and Hong Zhang, HDC’s long-time genius mathematician had to have contributed extraordinary substance to the Complaint; as far as I’m concerned, they are rock stars. And without question, George McGovern and Marty Delmonte pulled together all the pieces in a very professional and effective way.

    This is the beginning of the end.

    Bill

    https://www.courtlistener.com/recap/gov.uscourts.txwd.1102881/gov.uscourts.txwd.1102881.1.0.pdf

    • For the newest information in the ongoing HDVY v INTEL fight please visit Reddit and StockTwits and enter HDVY. This David v Goliath battle has just started to gain some interest on financial social media. Unlike VLSI v INTEL where there was no news until the 2 BILLION verdict was read We’re trying to spread the word so INTELs egregious behavior isn’t only expensive but embarrassing.

  2. Hi Pop, been following HDVY for decades. Noticed the start of the movement in share price Monday and all week. I Googled HDVY today Monday and came across your name and the explanation I was looking for. Big Thanks and Be Well…Don

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