Omnia Medical News

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 This email address is being protected from spambots. You need JavaScript enabled to view it..

For media inquiries, please contact:

 Christopher Henneforth

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January 9, 2024, Morgantown, WV – Omnia Medical, a medical device company committed to providing the industry with innovative solutions utilizing proven techniques, announced that the Patent Trial and Appeal Board (PTAB) of the US Patent and Trademark Office on Thursday September 20th granted institution in IPR2023-00625.  In other words, the PTAB decided it would allow Omnia Medical’s Petition for inter parties review of PainTEQ patent “11,020,129 B2 Drill-less Method of Fusing a Sacroiliac Joint” to proceed, finding that there is reasonable likelihood that challenged claims 1, 2, 9, and 10 in the PaintTEQ patent, U.S. 11,020,129, (the ‘129 patent) are invalid in view of the grounds presented in Omnia Medical’s petition.

“We are pleased with the PTAB’s decision and look forward to the final resolution of this petition.  As is evidenced by our existing and expanding patent portfolio and resulting consolidated Federal Courts cases with PainTEQ, we take Intellectual Property rights very seriously.” said Troy Schifano, CEO of Omnia Medical.

For those interested in accessing more information about the above referenced ongoing IPR, including status and prior art cited against the patent, please visit https://ptacts.uspto.gov/ptacts/ui/home and reference IPR number IPR2023-00625.

For those interested in accessing more information about the above referenced consolidated Federal Court Cases, including 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.

For media inquiries, please contact:

Christopher Henneforth

This email address is being protected from spambots. You need JavaScript enabled to view it.

omniamedical.com

Omnia Medical Announces Trial Date for Ongoing Litigation with PainTEQ

December 22, 2023, Morgantown, WV – Omnia Medical, a medical device company committed to providing the industry with innovative solutions utilizing proven techniques, announced that a trial date has been set for October 2024 in its ongoing lawsuit with PainTEQ. The trial is part of a pair of consolidated Federal Court cases that underscore Omnia's commitment to ongoing innovation and to safeguarding its intellectual property rights.                                                                               

One of Omnia’s current cases with PainTEQ stems from an initial lawsuit filed by PainTEQ against Omnia in June 2020, alleging certain business-related claims. In December 2020, Omnia responded by answering the allegations and filing counterclaims that included intellectual property infringement not just limited to patent but, also trademark and copyright, as well as various business and contract-related claims. In January 2022, Omnia Medical then filed its own case against PainTEQ and its agents, Sean LaNeve and Charles Girsch. In the suit, Omnia Medical 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 Medical and PainTEQ which permitted PainTEQ to sell Omnia’s innovative products and services, which was in effect from April 2017 until February 2019.

“As CEO of Omnia Medical, I want to address any confusion in the market regarding the status of our lawsuit with PainTEQ. We want to clarify that the cases are far from being concluded, and that we remain resolutely committed to protecting our intellectual property rights, patent and otherwise" said Troy Schifano, CEO of Omnia Medical.

In March of last year, PainTEQ, LaNeve and Girsch filed a motion to dismiss the complaint Omnia brought against them. While Omnia Medical’s business-related claims in the second lawsuit (Counts 1-V and VIII-XIV) were dismissed at that time on largely procedural grounds, the remaining claims for design patent infringement remain active and will be a part of the October 2024 trial together with the trademark and copyright infringement, as well as business and contract-related claims from the first suit, between Omnia Medical and PainTEQ. 

For those interested in accessing more information about the above-referenced ongoing case, including 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.

For media inquiries, please contact:

Christopher Henneforth

This email address is being protected from spambots. You need JavaScript enabled to view it.

omniamedical.com

MORGANTOWN (WV), BOULDER (CO) and PARIS (FRANCE), September 12, 2022 – SpineGuard (FR0011464452 – ALSGD), an innovative company that deploys its DSG® (Dynamic Surgical Guidance) sensing technology to secure and streamline the placement of bone implants, and Omnia Medical, a medical device company focused on innovative solutions utilizing proven techniques, announced today the signature of a co-development and exclusive distribution agreement for adult spine surgery in the United States.

US FDA 510(k) clearance paves the way for an innovative orthopedic product that offers the potential to improve bone apposition and, as a consequence, patient outcomes ^1-3

Omnia Medical has received FDA 510(k) clearance for a vertebral body replacement (VBR) system for use in the thoracolumbar spine to replace collapsed, damaged or unstable vertebral body.