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FairWarning IP, LLC v. Iatric Systems, Inc.

Representative Claim

1. A method of detecting improper access of a patient’s protected health information (PHI) in a computer environment, the method comprising:

generating a rule for monitoring audit log data representing at least one of transactions or activities that are executed in the computer environment, which are associated with the patient’s PHI, the rule comprising at least one criterion related to accesses in excess of a specific volume, accesses during a pre-determined time interval, accesses by a specific user, that is indicative of improper access of the patient’s PHI by an authorized user wherein the improper access is an indication of potential snooping or identity theft of the patient’s PHI, the authorized user having a pre-defined role comprising authorized computer access to the patient’s PHI;

applying the rule to the audit log data to determine if an event has occurred, the event occurring if the at least one criterion has been met;

storing, in a memory, a hit if the event has occurred;

and providing notification if the event has occurred.

Posture:

Appeal of motion to dismiss

Abstract Idea: Yes

Specifically, the claims here are directed to collecting and analyzing information to detect misuse and notifying a user when misuse is detected.

Something More: No

After “scrutiniz[ing] the claim elements more microscopically” under step two, id., we find nothing sufficient “to ‘transform the nature of the claim’ into a patenteligible application,” Alice, 134 S. Ct. at 2355 (quoting Mayo, 132 S. Ct. at 1297).