galingolin
3日前
Evaluating the strength of the plaintiff, Health Discovery Corporation (HDC), in this lawsuit requires looking beyond the basic facts of the complaint and analyzing the specific "chokepoints" that will decide this case.On a surface level, HDC appears to have an intimidating posture—they have a patent that survived a PTAB challenge and a track record of extracting a resolution from Intel. However, when you look at the strict technical mechanics of Claim 1 and historical litigation context, HDC’s case against NVIDIA has a highly vulnerable core. An analysis of HDC's strengths and fatal weaknesses breaks down as follows:1. The Fatal Weakness: The Technical Infringement TheoryThe entire case lives or dies on whether NVIDIA's software literally or equivalently executes the specific step: "subtracting a matrix from the kernel data to provide an updated kernel data." HDC’s complaint alleges that this is satisfied when a developer uses NVIDIA’s RAPIDS cuML to run standard machine learning pipelines like RFE(SVC(kernel="linear")), which updates kernel/Gram relationships through "refitting."This is a massive logical leap that NVIDIA’s software engineers and defense counsel will aggressively exploit:The Definition of "Refitting": In standard machine learning (such as scikit-learn or RAPIDS), when you eliminate a feature and "refit" the model, the algorithm typically discards the feature column from the input matrix and recomputes a brand-new kernel matrix from scratch using the remaining data.The Claim Requirement: The '685 patent specifically claims a shorthand mathematical trick—taking the existing kernel data and subtracting a specific matrix derived from the eliminated feature to bypass a full recalculation. If NVIDIA can prove that RAPIDS cuML simply recomputes the kernel matrix upon refitting (the conventional way) rather than doing a literal matrix subtraction step, there is zero literal infringement. HDC will be forced to rely on the Doctrine of Equivalents (arguing it does the same work in substantially the same way), which is a much harder legal hill to climb.2. The Historical Red Flag: The 35 U.S.C. § 101 HurdleThe executive summary notes that HDC "resolved" its disputes with Intel in September 2023. However, looking at the actual history of that Intel litigation reveals a massive structural vulnerability for HDC regarding patent eligibility.In the Western District of Texas (Health Discovery Corp. v. Intel Corp.), Judge Alan Albright actually granted Intel’s Motion to Dismiss under Section 101, ruling that HDC's Recursive Feature Elimination (RFE) patents were directed to an ineligible, abstract mathematical algorithm. He ruled that the claims merely improved the quality of data through mathematical manipulation rather than improving the internal physical functioning of the computer itself.While HDC managed to keep the fight alive via appeals and subsequent filings before settling with Intel, NVIDIA will absolutely use Judge Albright’s prior analysis as a roadmap. They will file an early Motion to Dismiss in Delaware, arguing that the '685 patent is a textbook example of trying to monopolize a mathematical optimization loop.3. The Structural Strengths: Why NVIDIA Still Has to CareDespite these massive hurdles, HDC is not a standard, easily dismissed non-practicing entity (NPE). They possess a few structural advantages that prevent this from being a quick "slam dunk" for NVIDIA:PTAB Survival (The IPR Shield): The fact that the Patent Trial and Appeal Board (PTAB) denied Intel's petition to institute an inter partes review in 2021 is a major win for HDC. It means the physical prior art footprint of the patent is robust. NVIDIA cannot easily knock this patent out on basic anticipation (Section 102) or obviousness (Section 103) grounds; they are largely stuck fighting on infringement and Section 101 eligibility. The ITC Weapon: By filing a concurrent complaint in the International Trade Commission (ITC) alongside the Delaware District Court action, HDC is swinging a massive hammer. The ITC moves incredibly fast (15–18 months) and does not award money—it awards Exclusion Orders (import bans). By naming Google, Supermicro, and Broadcom as respondents, HDC is intentionally putting immense pressure on NVIDIA’s entire commercial hardware supply chain. Even a weak patent case becomes terrifying to enterprise partners when an import ban on HGX or DGX server architectures is on the line.The VerdictElementStrength AssessmentPrior Art Validity (§ 102/103)Strong (Protected by the prior PTAB non-institution decision)Patent Eligibility (§ 101)Weak (Highly susceptible to being labeled an abstract mathematical algorithm)Infringement MappingVery Weak (Equating general software "refitting" to literal "matrix subtraction" faces an uphill battle)Leverage/VenueStrong (The Delaware/ITC dual-track creates rapid, high-stakes supply chain pressure)Overall Assessment: Low-to-Moderate Strength.HDC has excellent procedural leverage because of the ITC filing and the patent's survival at the PTAB. However, their actual technical case on the merits is incredibly fragile. If NVIDIA can show during early claim construction that "refitting" a model is computationally and mathematically distinct from "subtracting a matrix," HDC’s case will evaporate before it ever reaches a jury.
LocWolf
4日前
Interesting read now at the end of this you will see what I highlighted in red which probably matters greatly but I'm not sure?
I. Executive Summary and Procedural Information
• Parties & Counsel:
? Plaintiff: Health Discovery Corporation (Georgia)
? Defendant: NVIDIA Corp (Delaware)
? Plaintiff’s Counsel: Phillips, McLaughlin & Hall, P.A.; Greenblum & Bernstein, P.L.C.
• Case Identification: 1:25-cv-01588, D. Del., 12/31/2025
• Venue Allegations: Plaintiff asserts venue is proper in the District of Delaware because Defendant is a Delaware corporation, is subject to personal jurisdiction, has previously litigated in the district without challenging venue, and has allegedly committed acts of patent infringement in the district.
• Core Dispute: Plaintiff alleges that Defendant’s GPU-accelerated machine learning software stack infringes a patent related to a method for improving the performance of Support Vector Machine (SVM) classifiers by recursively eliminating irrelevant or redundant data features.
• Technical Context: The technology addresses the field of machine learning, specifically improving the efficiency and accuracy of data classification systems by automating the selection of the most informative features from high-dimensional datasets.
• Key Procedural History: The complaint notes that the patent-in-suit, U.S. Patent No. 10,402,685, survived an inter partes review challenge when the Patent Trial and Appeal Board declined to institute proceedings in 2021. The patent was also previously asserted against Intel Corporation in litigation that began in 2020 and was resolved in September 2023.
Case Timeline
Date
Event
1999-10-27
’685 Patent Priority Date
2019-09-03
’685 Patent Issue Date
2020-07-23
Plaintiff files infringement action against Intel Corp.
2021-02-01
Intel Corp. requests inter partes review of the ’685 Patent
2021-01-01
PTAB declines to institute inter partes review of the ’685 Patent
2022-04-04
Plaintiff files second infringement action against Intel Corp.
2022-05-26
Federal Circuit remands the 2020 Intel action
2023-09-01
Plaintiff and Intel Corp. resolve disputes
2025-12-31
Complaint filed against NVIDIA Corp
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,402,685 - “Recursive Feature Elimination Method Using Support Vector Machines”
The Invention Explained
• Problem Addressed: The patent addresses the challenge of "feature selection" in machine learning, where classifiers like Support Vector Machines (SVMs) are trained on datasets with a very large number of features (e.g., thousands of genes for dozens of patients) (Compl. ¶27; ’685 Patent, col. 2:37-49). This high dimensionality can lead to "overfitting," where a model performs well on training data but fails to generalize to new data, and can also create an impractical computational burden (’685 Patent, col. 2:34-39, 2:63-3:6).
• The Patented Solution: The invention discloses a method termed Recursive Feature Elimination (RFE) specifically for SVMs (Compl. ¶27). Instead of selecting features based on simple correlation, the method uses the SVM's own internal logic. It first trains the SVM, then uses the weights assigned by the classifier to its input features to compute a ranking criterion for those features. It then eliminates the feature with the smallest ranking criterion and repeats the process. This iterative pruning yields an optimized subset of features that improves the classifier's efficiency and predictive power (’685 Patent, Abstract; col. 17:39-49).
• Technical Importance: The claimed process automates feature selection, transforming it from a manual or heuristic task into a mathematically driven optimization loop integrated within the learning process itself (Compl. ¶19).
Key Claims at a Glance
• The complaint asserts infringement of at least method claim 1 (Compl. ¶34).
• The essential elements of independent claim 1 include:
? Retrieving training data for a processor.
? The processor determining a value for each feature in the data.
? Eliminating at least one feature that has a "minimum ranking criterion," where that criterion is based on the value determined for each feature.
? "Subtracting a matrix from the kernel data" to create an "updated kernel data," with the matrix being derived from training samples corresponding to the eliminated feature.
? Updating the value for each remaining feature based on the updated kernel data.
? Repeating the elimination and updating steps until a predetermined number of features remains, which generates a feature ranking list.
? Using the resulting ranked list to recognize new data.
• The complaint does not explicitly reserve the right to assert dependent claims but notes its allegations are "exemplary only" (Compl. p. 21, n.2).
III. The Accused Instrumentality
Product Identification
• Defendant’s GPU-accelerated machine learning stack, which includes RAPIDS cuML and the associated cuml.accel module (Compl. ¶34).
Functionality and Market Context
• The complaint alleges that the accused products are designed to execute machine learning pipelines, such as those built with the popular scikit-learn library, on Nvidia GPUs (Compl. ¶34). Specifically, Plaintiff identifies workflows named "RFE(SVC(kernel="linear"))" and "RFECV(SVC(kernel="linear"))" that Nvidia allegedly "publishes, promotes, and instructs developers to use" (Compl. ¶34). These workflows are alleged to implement an iterative process of training an SVM, ranking features, eliminating the lowest-ranked features, and updating the model, thereby mirroring the patented method (Compl. ¶¶20, 34).
IV. Analysis of Infringement Allegations
The complaint alleges that when developers use the accused RAPIDS cuML software as instructed by Nvidia, they perform each step of the patented method (Compl. ¶34). The complaint reproduces Figure 2 of the '685 patent, a flowchart that illustrates the iterative training and kernel adjustment process at the core of the invention (Compl. p. 9, ¶26).
’685 Patent Infringement Allegations
Claim Element (from Independent Claim 1)
Alleged Infringing Functionality
Complaint Citation
Patent Citation
retrieving training data from one or more storage devices in communication with a processor,
The accused workflows retrieve training data to be processed on Nvidia GPUs.
¶34
col. 8:51-52
the processor operable for: determining a value for each feature in a group of features provided by the training data;
The underlying SVM in the accused workflows computes per-feature values (weights) during the model training phase.
¶34
col. 19:22-26
eliminating at least one feature with a minimum ranking criterion from the group,
The accused workflows eliminate the lowest-ranked features based on the values computed during SVM training.
¶34
col. 19:35-37
wherein the minimum ranking criterion is obtained based on the value for each feature in the group;
The ranking criterion is derived from the feature weights calculated by the SVM.
¶34
col. 19:33-34
subtracting a matrix from the kernel data to provide an updated kernel data,
The accused workflows update kernel relationships through a "refitting" process after a feature is eliminated.
¶34
col. 21:3-11
each component of the matrix comprising a dot product of two of training samples...that corresponds to the eliminated feature;
The alleged matrix subtraction mathematically alters the kernel representation of the SVM, which is based on dot products of training data.
¶36
col. 21:3-11
updating the value for each feature of the group based on the updated kernel data;
The "refitting" process in the accused workflows recomputes an updated kernel matrix with the eliminated features removed.
¶34
col. 19:15-17
repeating of eliminating the at least one feature from the group and updating the value for each feature of the group until a number of features in the group reaches a predetermined value to generate a feature ranking list; and
The accused workflows repeat the elimination-and-refit loop until a specified feature count is reached.
¶34
col. 19:15-17
recognizing a new data corresponding to the group of features with the feature ranking list.
The final, feature-ranked SVM is used to classify new data.
¶34
col. 9:11-17
Identified Points of Contention
• Scope Questions: The primary point of contention may be the claim element "subtracting a matrix from the kernel data to provide an updated kernel data." The complaint alleges this is met by "updating kernel/Gram relationships through refitting" (Compl. ¶34). The dispute may turn on whether the accused "refitting" process, which involves retraining the model on the reduced feature set, is equivalent to the specific mathematical operation of "subtracting a matrix" as required by the claim.
• Technical Questions: A key question for the court will be whether the internal computations performed by Nvidia's cuML SVM implementations during the RFE and RFECV workflows perform the specific steps recited in the claim. The analysis will require evidence showing how the accused software mathematically modifies the SVM's kernel representation after each feature elimination step.
V. Key Claim Terms for Construction
• The Term: "subtracting a matrix from the kernel data"
• Context and Importance: This term is central to the dispute because it describes the specific mechanism by which the claimed invention modifies the SVM classifier during the iterative process. The infringement allegation hinges on whether the accused product's "refitting" operation falls within the scope of this term. Practitioners may focus on this term because the complaint’s infringement theory appears to equate a general "refitting" with a specific mathematical operation.
• Intrinsic Evidence for Interpretation:
? Evidence for a Broader Interpretation: A party might argue that the term should be interpreted functionally to cover any process that mathematically updates the kernel representation to reflect the removal of a feature. The patent's specification describes a more complex process of recomputing the kernel matrix H to create H(-i) after removing feature i, which could be argued to be conceptually equivalent to, if not literally, "subtracting a matrix" (’685 Patent, col. 21:12-22).
? Evidence for a Narrower Interpretation: A party could argue that the plain language of the claim requires a literal matrix subtraction operation, not a more general "refitting" or full recalculation of the kernel. The claim recites "subtracting a matrix," not "recomputing," "refitting," or "updating" the kernel data. An argument could be made that the patentee chose this specific language to distinguish the invention from prior art methods that might have involved complete retraining at each step.
VI. Other Allegations
• Indirect Infringement: The complaint alleges facts that may support a claim for induced infringement by stating that Nvidia "publishes, promotes, and instructs developers to use" the accused workflows, thereby encouraging them to perform the steps of the patented method (Compl. ¶34).
• Willful Infringement: The complaint alleges that Defendant’s infringement has been "willful, deliberate, and intentional" (Compl. ¶66). The complaint does not, however, plead specific facts establishing that Defendant had pre-suit knowledge of the ’685 patent.
VII. Analyst’s Conclusion: Key Questions for the Case
• A core issue will be one of claim scope and construction: Does the claim term "subtracting a matrix from the kernel data" encompass the "refitting" process allegedly performed by NVIDIA's RAPIDS cuML, or does it require a more specific mathematical operation not present in the accused software?
• A key evidentiary question will be one of technical implementation: What specific calculations does the accused RAPIDS cuML software perform when executing its Recursive Feature Elimination workflows, and do those calculations map onto the discrete steps recited in claim 1 of the ’685 patent?
• A central legal question, potentially revisiting issues from prior litigation, will be patent eligibility under 35 U.S.C. § 101: Does claim 1 recite a patent-ineligible abstract mathematical algorithm, or is it directed to a specific improvement in the functionality of a computer-implemented learning system, as the complaint argues at length (Compl. ¶¶32, 38)?
_________________
Look above recall me talking about revisiting freakin Alice 1 & 2
LocWolf
6日前
No new court filings yet....however?
Form 15-15D - Suspension of duty to report [Section 13 and 15(d)]
June 12 2026 - 1:38PM
Edgar (US Regulatory)
Alert
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 15
CERTIFICATION AND NOTICE OF TERMINATION OF REGISTRATION UNDER SECTION
12(g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR SUSPENSION OF DUTY TO FILE
REPORTS UNDER SECTIONS 13 AND 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
Commission File Number: 333-62216
Health Discovery Corporation
(Exact name of registrant as specified in its charter)
Post Office Box 616, Devault, PA 19432 1-847-721-1200
(Address, including zip code, and telephone number, including area code, of registrant’s principal executive offices)
Common Stock, no par value
(Title of each class of securities covered by this Form)
n/a
(Titles of all other classes of securities for which a duty to file reports under section 13(a) or 15(d) remains)
Please place an X in the box(es) to designate the appropriate rule provision(s) relied upon to terminate or suspend the duty to file reports:
Rule 12g-4(a)(1) ?
Rule 12g-4(a)(2) ?
Rule 12h-3(b)(1)(i) ?
Rule 12h-3(b)(1)(ii) ?
Rule 12h-3(b)(1)(ii) ?
Rule 15d-6 ?
Rule 15d-22(b) ?
Approximate number of holders of record as of the certification or notice date: 276
Pursuant to the requirements of the Securities Exchange Act of 1934, Health Discovery Corporation has caused this certification/notice to be signed on its behalf by the undersigned duly authorized person.
Date: June 11, 2026 By: /s/ Alan Hauser
Name: Alan Hauser
Title: Chief Exe
_________________
Other definitions........
Understanding the Mechanics of SEC Form 15-15D
Sections 13 and 15(d) of the Securities Exchange Act of 1934 concern the filing of periodic documents, reports, and information to the SEC by a securities issuer necessary for a security registered pursuant under Section 12 of the act.2
A company or a trust may wish to end reporting obligations to the SEC for a security after a change has occurred that eliminates such a requirement. For example, corporate entities might form a trust that is required to make periodic regulatory filings because of the nature of that trust. Insurance companies could collaborate to form a retirement plan and trust that calls for such filings. If those insurers elect to dissolve the trust, then Form 15-15D may be filed to terminate the reporting obligation.
Reasons for Filing SEC Form 15-15D
Mergers and structural reorganizations can also lead a company to file Form 15-15D to suspend its reporting requirements. For instance, if a company owns subsidiaries it may decide to absorb those entities into itself and take ownership of all the outstanding stock of the subsidiaries. Form 15-15D would be filed with the SEC to indicate the termination of the duty to file reports related to the outstanding stock of the subsidiaries.
If a company takes action to remove itself from the public markets, an act referred to as going private or going dark, filing Form 15-15D or Form 15 is part of the process. The company must complete several steps as it goes dark. This includes deregistering securities and ending the obligation to file periodic reports to regulators. The number of shareholders who own a company’s stock must fall below a certain threshold before filings can be made with the SEC to deregister. Publicly held companies can deregister their equity securities if there are fewer than 300 shareholders of record or fewer than 500 shareholders of record if the company does not have substantial assets.3
If the number of shareholders rises above the appropriate threshold, the company will be compelled to file reports with the SEC regardless of the intent to go dark.
Companies may choose to go dark in order to end the monetary and time burdens associated with filing required reports to the SEC that are mandatory in order to comply with legislation such as the Sarbanes-Oxley Act.
chazzy1
1週前
You make some good points, LocWolf. Things are not always as they appear, or even as they should be (if we had a justice system). Instead, we have a legal system. Judges don't always concur on any particular issue. However, once the USPTO issues a patent, the recipient is legally granted exclusive ownership rights to the use of that patent. But there are loopholes in the system which big money pockets take full advantage of. Yes, it is unfair, but it is what it is. Yet, every now and then, David wins this battle against Goliath. But it is a little like playing Russian roulette when the little guy, the patent owner, has to go through this gauntlet, known as our legal system, in the pursuit of justice. However, based upon the odds, it's about time that little ol' HDC had a win at the roulette table. JMHO.