Medtronic Petitions for Inter Partes Review of Claims 14 to 20 of a Moskowitz Family Expandable Spinal Spacer Patent.

The parties and the patent

The proceeding is Medtronic, Inc. v. Moskowitz Family LLC, IPR2027-00022. The petition names Medtronic, Inc. as the real party in interest and notes that Medtronic plc is its ultimate parent. U.S. Patent 12,491,088, titled Expandable Spinal Spacer Device, issued December 9, 2025 to Moskowitz Family LLC as assignee, from an application filed May 14, 2024 that claims priority back to an October 25, 2012 provisional application.

What the claims cover

Claim 14 covers an expandable spinal spacer system. The spacer has first and second bodies with bone-interfacing surfaces and a wedge between them with an angled surface and a threaded screw portion. The tool system has a first tool whose prongs engage indentations on opposite sides of the spacer to hold it during delivery between adjacent vertebrae, and a second tool that runs through a channel in the first tool and turns the screw to expand the bodies against the adjacent bones. Claims 15 to 17 add to claim 14, and claims 18 to 20 recite a method of operating the system.

The grounds and the prior art

Four grounds challenge claims 14 to 20: (1) Palmatier and Gordon render claims 14, 16, and 17 obvious under pre-AIA 35 U.S.C. 103(a); (2) Palmatier, Gordon, and Hunt render claim 17 obvious; (3) Fresneau anticipates and renders obvious claims 15 and 18 under 35 U.S.C. 102(a) and 103; and (4) Fresneau and Hunt render claims 19 and 20 obvious. Palmatier is U.S. Patent 9,445,919, Gordon is a 2005 published application, Hunt is a 2006 journal article, and Fresneau is an application published June 9, 2022.

The petition applies the October 25, 2012 priority date to claims 14, 16, and 17. It argues that claims 15 and 18 to 20 are entitled to no date earlier than the May 14, 2024 filing date, because no earlier application in the chain supports a single wedge with two angled surfaces bearing against the two bodies, which makes Fresneau prior art to those claims. It says Palmatier was cited in an information disclosure statement but not discussed by the examiner, that Palmatier was the basis of a rejection during prosecution of a parent patent, U.S. Patent 10,016,284, and that Fresneau and Hunt were not before the examiner. The petition is supported by a technical expert's declaration.

Related matters

The petition lists Moskowitz Family LLC v. Medtronic, Inc., No. 0:25-cv-00769 (D. Minn.), filed February 28, 2025, in which a second amended complaint filed January 29, 2026 accused Medtronic's spinal implant of infringing the '088 patent, and says the parties stipulated to stay that case on June 12, 2026. It says the '088 patent is one of twelve patents asserted against Medtronic there, and that Medtronic has petitioned for inter partes review of nine of them: IPR2025-01598 and IPR2026-00121, -00124, -00162, -00163, -00216, -00217, -00265, and -00285. According to the petition, all nine were instituted, and the Board granted the parties' joint motion to terminate IPR2025-01598 on June 30, 2026.

The petition also lists Moskowitz Family LLC v. NuVasive, LLC, No. 1:25-cv-00711 (D. Del.), filed June 6, 2025. The '088 patent issued after that suit was filed. The Delaware docket shows a sealed first amended complaint filed January 28, 2026, with a report to the USPTO the same day that lists the '088 patent among the patents in suit.

What to watch next

Under 37 CFR 42.107(b), Moskowitz Family may file a preliminary response within three months of the notice according the petition a filing date. Under the USPTO's interim Director discretionary process, any discretionary denial brief from Moskowitz Family is due within two months of that notice. Watch for the notice, those filings, and the institution decision.