Ricmic, LLC v. Heritage Medcall, LLC

Ricmic, LLC, a likely non-practicing entity (NPE), initiated a patent infringement lawsuit against Heritage Medcall, LLC, an operating company specializing in emergency call systems for senior living and healthcare facilities. Heritage Medcall offers visual communication platforms and life safety systems, such as their Fusion and Freedom platforms, designed to connect residents and caregivers quickly and reliably. The infringement allegations focused on Heritage Medcall's products and services related to these emergency alert systems, specifically those leveraging interactive mobile app alert notifications.

The patents asserted in this case were U.S. Patent No. 9,305,450 B2 and U.S. Patent No. 10,380,873 B1. These patents generally cover emergency call systems comprising a patient safety device (e.g., a pendant or smoke alarm) and a caregiver communication device (e.g., a tablet or smartphone), which are linked to a central coordination server. When an alarm is triggered by the patient safety device, the caregiver device receives an alert. The patented technology aims to provide enhanced information delivery, logging, recording, and reporting functionalities, addressing limitations of older one-way pager or two-way radio nurse call systems. Notably, the patent U.S. Patent No. 10,311,707, mentioned in the case metadata, appears to be unrelated to emergency call systems based on available public information, which describes it as relating to methods and apparatuses for reducing heat loss from edge directors. The complaint documents for this specific case clearly listed U.S. Patent Nos. 9,305,450 B2 and 10,380,873 B1 as the patents in suit.

The litigation, captioned Ricmic, LLC v. Heritage Medcall, LLC, was filed on February 20, 2025, in the U.S. District Court for the Middle District of Florida, Tampa Division, under case number 8:25-cv-00426. The case was assigned to District Judge Steven D. Merryday and Magistrate Judge Christopher P. Tuite. This venue was local for the defendant, Heritage Medcall, LLC, which is based in Tampa, Florida. The case is notable due to its swift resolution; it settled confidentially via a joint notice of settlement within 92 days of filing. This rapid settlement suggests a strong assertion posture by Ricmic, LLC, and highlights the commercial incentives for companies in the emergency alert and mobile health technology space to resolve patent disputes quickly, especially concerning products critical for consumer safety in the senior living industry. Ricmic, LLC has demonstrated a pattern of asserting these types of patents against other companies in the emergency alert sector. As of the current date, there is no public information indicating any parallel IPR proceedings at the PTAB for the asserted patents.

The patent infringement litigation between Ricmic, LLC and Heritage Medcall, LLC, case number 8:25-cv-00426, filed in the Florida Middle District Court, saw a swift resolution through settlement.

Here are the key legal developments and outcome in chronological order:

• 2025-02-20: Complaint Filed. Ricmic, LLC initiated the lawsuit by filing a complaint for patent infringement against Heritage Medcall, LLC. The complaint included a jury demand and cited US Patents 9,305,450 B2 and 10,380,873 B1, which cover emergency call systems using interactive mobile app alert notifications. The initial case information provided in the prompt listed patent 10311707; however, docket information indicates that the patents at issue were US9305450B2 and US10380873B1. The case was assigned to Judge Steven D. Merryday and Magistrate Judge Christopher P. Tuite.
• 2025-02-21: Motion for Pro Hac Vice Granted. The court granted Plaintiff's motion for John T. Polasek to appear pro hac vice.
• 2025-02-26: Notice of Related Action. Ricmic, LLC filed a notice of pendency of other actions per Local Rule 1.07(c), indicating no related cases.
• 2025-05-20: Joint Notice of Settlement. Ricmic, LLC filed a joint notice with the court announcing that the parties had reached a settlement.
• 2025-05-23: Case Dismissed Subject to Stipulated Order. Following the notice of settlement, the court dismissed the action under Local Rule 3.09(b), subject to the right of any party within sixty days to submit a stipulated form of final order or to move to vacate the dismissal for good cause. The clerk was ordered to close the case.
• Outcome: Settled and Closed. The case settled confidentially within 92 days of filing. The specific financial terms, licensing arrangements, and injunctive provisions were not disclosed, which is standard practice in confidential patent settlements. The rapid settlement meant the case did not proceed to substantive pre-trial motions, claim construction, discovery, or trial.

Parallel PTAB IPR/PGR Proceedings:
A search for Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings related to U.S. Patent Nos. 9,305,450 B2 and 10,380,873 B1 (the patents identified in the court docket) or 10,311,707 (the patent initially provided in the prompt) in the USPTO's Patent Trial and Appeal Board (PTAB) database (P-TACTS) did not yield any active or completed proceedings for these specific patent numbers in relation to this case. Given the swift settlement in district court, it is unlikely that any PTAB proceedings would have significantly impacted the litigation or been instituted before the district court case concluded.

The plaintiff, Ricmic, LLC, was represented by the following counsel of record:

• Richard Edson Fee

  • Role: Lead Counsel
  • Firm: Fee & Jeffries, P.A.
  • Office Location: 1227 North Franklin Street, Tampa, FL 33602
  • Note on experience: Mr. Fee specializes in business disputes, including patent infringement, and has been recognized as a Florida SuperLawyer® and Legal Elite®. He has represented Ricmic, LLC in other patent infringement cases.

• John T. Polasek (also known as Ted Polasek)

  • Role: Co-counsel (admitted pro hac vice)
  • Firm: The Polasek Law Firm, PLLC
  • Office Location: Houston, TX (provides nationwide representation)
  • Note on experience: Mr. Polasek is a founding attorney with over 30 years of experience in patent litigation and licensing, representing both patent owners and alleged infringers across various technologies, including telecommunication and mobile device systems. He often handles cases on a contingency fee basis. He also represented Ricmic, LLC in another patent infringement case.

• Kathleen M. Wade

  • Role: Co-counsel (Shareholder)
  • Firm: Fee & Jeffries, P.A.
  • Office Location: 1227 North Franklin Street, Tampa, FL 33602
  • Note on experience: Ms. Wade's primary practice area is intellectual property litigation, including patent, copyright, and trademark disputes before federal courts and the USPTO. She has been recognized as a Florida SuperLawyer® for Intellectual Property Litigation.

Based on the available search results, the counsel of record representing the defendant, Heritage Medcall, LLC, in Ricmic, LLC v. Heritage Medcall, LLC, case number 8:25-cv-00426, is not explicitly identified. The provided docket information primarily details the plaintiff's (Ricmic, LLC) filings and the attorneys associated with the plaintiff.

The docket entries show that Richard Edson Fee and Kathleen M. Wade of Fee & Jeffries PA, and John T. Polasek of The Polasek Law Firm, represented the plaintiff Ricmic, LLC. For example, Richard E. Fee filed a Notice of Lead Counsel Designation on behalf of Ricmic, LLC. John T. Polasek was granted a motion for special admission pro hac vice to represent the plaintiff.

The case settled confidentially within 92 days of filing, and a notice of settlement was filed by Ricmic, LLC on May 20, 2025. While the case settled, the specific counsel who appeared for Heritage Medcall, LLC is not mentioned in the provided search snippets. It is possible that the defendant engaged counsel who facilitated the quick settlement without making extensive public appearances on the docket that are reflected in these search results, or that the appearances were not captured by the provided snippets.