Omnia Files Response in Opposition to PainTEQ’s Motion for Summary Judgment
June 11, 2024, Morgantown, WV – In a blistering 65-page document, Omnia Medical (“Omnia”) filed on Thursday its Response in Opposition to PainTEQ’s Motion for Summary Judgment. Relying heavily on testimony provided during the sworn depositions of Sean LaNeve, Chris Girsch, and Charles Girsch, as well as corporate representatives of RTI and Avalign, Omnia gave a glimpse into some of the many facts and arguments it intends to use during trial, which is currently set for October 7, 2024. Subject to the court’s ruling on the motion and response for summary judgment and pre-trial motions, the path has been cleared for trial and Omnia looks forward to exposing the truth and setting the record straight in this dispute.
“We look forward to having our day in court and further sharing the true story of what really happened before, during, and after PainTEQ was a distributor for Omnia from April 2017 through February 2019. The various depositions were very eye-opening and served to further strengthen our resolve to seek justice. For too long there has been confusion in the market and these depositions and the upcoming trial will put an end to all speculation once and for all” said Troy Schifano, CEO of Omnia Medical.
Omnia’s dispute with PainTEQ stems from an initial lawsuit filed by PainTEQ against Omnia in June 2020, alleging business-related claims. In December 2020, Omnia responded by answering the allegations and filing counterclaims that included intellectual property infringement not just limited to patents but, also trademark and copyright, as well as various business and contract-related claims. In January 2022, Omnia then filed its own case against PainTEQ and its owners, Sean LaNeve and Charles Girsch. In the suit, Omnia alleged infringement of two additional Omnia patents (Counts VI and VII) and asserted twelve nonpatent claims related to breach of the distribution sales agreement between Omnia and PainTEQ which, during the agreement’s term, permitted PainTEQ to sell Omnia’s innovative products and services, which was in effect from April 2017 until February 2019. The cases were consolidated in August 2023 and of the four initial claims PainTEQ filled against Omnia, only one remains today.
For those interested in accessing more information about the above-referenced consolidated Federal Court Cases, including the 65-page Response in Opposition of Summary Judgement, court details, and case numbers, please visit https://www.flmd.uscourts.gov/pacer and reference US District Court – Middle District of Florida case number 8:20-cv-02805-VMC-AAS. If you are unable to access the filing, please email litigation@omniamedical.com.
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Christopher Henneforth
