Propel Orthodontics ratchets up patent spat with OrthoAccel Technologies

Propel Orthodontics said today that the U.S. Patent and Trademark Office’s Patent Trial and Appeals Board accepted a petition for an Inter Partes review of a patent spat between it and rival OrthoAccel Technologies.

The patent is for OrthoAccel’s AcceleDent, and covers a “vibrating orthodontic remodeling device,” according to court documents supplied by Propel, which it said are patented under OrthoAccel CEO Michael Lowe’s name.

OrthoAccel’s AcceleDent is designed to accelerate tooth movement using sonic technology.

“Although OrthoAccel Technologies has never accused Propel of infringing this patent, and we don’t, we nevertheless believe it’s important to get rid of the bad patents that OrthoAccel has used to erect barriers to competition in the market for vibratory orthodontic devices. We’re happy to be doing our part to improve patent quality among U.S. medical device patents. This is just our first AIA challenge to the AcceleDent patents. For example, OrthoAccel recently filed a lawsuit alleging that Propel infringes one of its other patents. While we don’t infringe that patent, we believe that it is invalid and deserves review by the Patent Office,” CEO Bryce Way said in a press release.

In May, OrthoAccel said it closed a $12 million Series C funding round to support its AcceleDent orthodontic treatment device.

The round was joined by existing institutional equity investors S3 Ventures and Healthpoint Capital as well as new investor Piper Jaffray Merchant Banking, the Houston based company said.

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