The Federal Circuit Court has ruled that a California federal judge was within his rights to reject OrthoAccel Technologies Inc’s request for a preliminary injunction in its infringement suit against Propel Orthodontics, as the asserted patent claim is likely invalid, according to reporting from Law360.
The two companies offer vibratory devices for use at home by patients undergoing orthodontic treatment. OrthoAccel Technologies is the developer behind AcceleDent, while Propel Orthodontics developed the VPro+ device.
OrthoAccel sued Propel in July 2017 alleging infringement of the patent that covers a vibrating plate and a method of moving teeth by applying vibrations to certain areas of that bite plate.
Given the early stage of the case, the Federal Circuit reportedly refused to make a final call on whether the patent claim is valid. The Patent Trial and Appeal Board (PTAB), however, invalidated the entirety of the patent in June.
OrthoAccel asked for a preliminary injunction a month after suing. A few months later, Propel successfully petitioned the PTAB to review the patent’s validity. U.S. District Judge Richard Seeborg denied the injunction request in January 2018.
The intellectual property case has been stayed since August 2018 pending resolution of the inter partes review and any related appeals, according to Law360.