In my inbox this morning. I haven't read the patent yet, but the first claim may be very recognizable to anyone working in IHE in 2003 - 2007.
Datuit, LLC has advised HL7 of a recent patent they’ve received that MAY be applicable to the Fast Healthcare Interoperability Resources (FHIR®) Protocol Specification. The letter from Datuit alerting HL7 to the patent can be found at http://www.hl7.org/downloads/?DBKSPatentLetter
An abstract of the patent (US8931039) entitled Method and System for a Document-based Knowledge System is available at: https://www.google.com/patents/US8931039
Section 16 of the HL7 Governance and Operations Manual (GOM) addresses patents, and section 16.03.02 requires members/participants to issue a letter of assurance to HL7 for any patent or patent applications felt to be applicable to HL7 Protocol Specifications. The letter of assurance from Datuit can be found here: http://www.hl7.org/downloads/?DBKSPatentInformationSheet
HL7 is not responsible for identifying patents for which a license may be required to implement an HL7 Protocol Specification (Section 02.02) or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention. HL7 Headquarters shall notify the membership via email of any patent claims leveled against the HL7 Protocol Specifications. This announcement fulfills HL7’s requirement to notify the membership of this patent.
Karen Van Hentenryck