Patent Trial and Appeal Board Sides with PainTEQ in the Orthocision IPR Case

TAMPA, FL – December 21, 2023 – On December 4, 2023, Patent Trial and Appeal Board (PTAB) issued a final written decision in an inter partes review (IPR) (case No. IPR2023-00451) trial invalidating all claims of the U.S. Patent No. 11,083,511 (511 Patent) owned by Orthocision, Inc. Omnia Medical, LLC is the exclusive licensee of the patent. On all counts, the PTAB judges unanimously sided with PainTEQ and invalidated the 511 Patent on the ground that the claimed sacroiliac joint fusion methods, instruments, and implants that Orthocision allegedly invented are, in fact, not innovative and are merely obvious in light of the preexisting medical devices and procedures.

The significance of this clean-sweep victory is further underscored by its rarity—historically, only about 10% of the patents challenged before the PTAB are invalidated in their entirety. (USPTO PTAB Trial Statistics, available here). 

Additionally, while IPR trials generally require around twelve months post-institution for the PTAB to reach a final decision, in this case, it only took the PTAB less than five months to render its unanimous final written decision of invalidity. 

Documents relating to the IPR can be accessed online here, which is provided by the U.S. Patent & Trademark Office. PainTEQ was represented in this IPR by the law firm of Hill Ward Henderson, P.A., while Orthocision was represented by Dinsmore & Shohl, LLP. 

This IPR was prompted when Omnia Medical filed suit in the U.S. District Court for the Middle District of Florida, alleging that PainTEQ infringed nine of the twenty-three claims of the 511 Patent. The PTAB’s unanimous decision demonstrates the baselessness of Omnia’s infringement allegation. By invalidating the entire 511 Patent, PainTEQ not only confirmed that it did not infringe Orthocision’s or Omnia’s rights, but it also confirmed that the subject matter claimed in the 511 Patent rightfully belongs in the public domain.

The federal court docket for the federal litigation case is publicly available on the Public Access to Court Electronic Records (PACER) website, www.pacer.gov, a website provided by the Administrative Office of the U.S. Courts.

About PainTEQ: PainTEQ was built to bring interventional procedures to the market. Working with pain management specialists to help reduce and eliminate SI joint dysfunction, PainTEQ’s LinQ implant aims to immediately provide clinical benefits to individuals living with incapacitating lower back pain through a minimally invasive outpatient procedure. Learn more at www.painteq.com.