Epic Systems filed a motion on Thursday to dismiss Particle Health's antitrust suit against the electronic health record company.
In a court filing, the electronic health record giant sought to dismiss the lawsuit brought by Particle Health in September through oral arguments. Particle Health has until Jan. 9 to respond to this dismissal request.
Related: Epic hit with antitrust suit by Particle Health
Particle, a startup that helps payers, providers and health technology companies aggregate and share data, alleges in the antitrust that Epic uses its market power to prevent products that would compete with the EHR company's payer platform. In seeking a dismissal, Epic claims the suit is “nothing more than a baseless retributive attack” from Particle.
The two companies have been feuding since March when Epic filed a dispute with the national interoperability nonprofit, Carequality, over Particle’s alleged misuse of protected health information. Particle disputed the Verona, Wisconsin-based company’s claims.The two sides agreed to a dispute resolution in October put forward by Carequality. The resolution in that dispute is separate from the legal battle.
In a filing meant to support the antitrust suit dismissal, Epic claims Particle failed to allege a plausible relevant market and did not present the EHR company’s anticompetitive conduct. The EHR company claims the antitrust suit should be dismissed because Particle only alleges harm to itself and not competition as a whole. Epic also disputes Particle’s defamation and trade libel allegations within its dismissal request.
A Particle Health spokesperson said the company remained confident in its claims.
