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.