Treace Petitions for Inter Partes Review of Three More Paragon 28 Bone Fixation Patents.

The parties and the patents

The proceedings are Treace Medical Concepts, Inc. v. Paragon 28, Inc., IPR2027-00007, IPR2027-00008, and IPR2027-00014. Treace is the petitioner and names itself as the only real party in interest. In mandatory notices filed October 21, 2026, Paragon 28 names itself as the real party in interest for the patent owner and identifies its parent company as Zimmer, Inc., whose parent is Zimmer Biomet Holdings, Inc.

U.S. Patent 11,304,693, titled Staples and Staple Delivery and Drill Guides, issued April 19, 2022. U.S. Patent 12,303,139, titled Alignment Guides, Cut Guides, Systems and Methods of Use and Assembly, issued May 20, 2025. U.S. Patent 10,932,833, titled Bone Compression Device and Method, issued March 2, 2021.

Ownership records

The '693 patent names Zimmer, Inc. as its assignee. USPTO assignment records show an assignment of the '693 patent from Zimmer, Inc. to Paragon 28, Inc. executed December 5, 2025 and recorded August 18, 2026 (Reel 75692, Frame 0465). The '833 patent names Pioneer Surgical Technology, Inc. as its assignee; the records show an assignment from Pioneer Surgical Technology, Inc., doing business as RESOLVE Surgical Technologies, to Paragon 28, Inc. executed May 12, 2025 and recorded May 22, 2025 (Reel 71195, Frame 0786).

What the claims cover

Claim 1 of the '693 patent recites a method of compressing biological elements: forming a pair of apertures in the elements through a pair of openings in a drill guide portion of a guide, elastically deforming a substantially horseshoe shaped bridge portion of a staple to spread its tines to the spacing of those openings, maintaining that state, implanting the tines in the apertures, and releasing the stored elastic energy to compress the elements. Claim 1 of the '139 patent recites a cut guide with a base portion that has opposed sides, ends, and top and bottom surfaces, at least one slot through the base, and at least one opening, plus an extension member extending downward from the bottom surface, with the opening extending into at least part of the extension member. Claim 1 of the '833 patent recites a method of preloading a bone compression device whose elongated resilient member is bent in one configuration and straight in the other: moving the device's bone anchor receiving portions to shift the member from its unloaded to its loaded configuration, then connecting at least one restraint to a separate body to keep the receiving portions from moving back.

The grounds

IPR2027-00007 presents two obviousness grounds against claims 1 to 9 of the '693 patent: U.S. Publication 2010/0125301 (Kinmon) with U.S. Publication 2014/0277516 (Miller), and Kinmon and Miller with European Publication 0743045 and U.S. Patent 4,838,254 (Gauthier). The petition says the examiner rejected the pending claims as anticipated by U.S. Publication 2014/0018809 (Allen) and indicated that claims reciting the drill guide spacing and a downward angled curved bridge portion were allowable; it does not assert a ground based on Allen.

IPR2027-00008 presents five grounds against the '139 patent: anticipation of claims 1 to 20 by U.S. Patent 10,575,862 (Bays); anticipation of claims 1 to 15 by U.S. Patent 9,492,178 (Neal); obviousness of claims 6 to 20 over Neal and Bays; anticipation of claims 1 to 15 by U.S. Patent 8,282,645 (Lawrence); and obviousness of claims 16 to 20 over Lawrence. The petition says the applicant overcame an anticipation rejection over the published Bays application by adding the opening that extends into the extension member, and argues that the added feature is recited only as a generic structural feature.

IPR2027-00014 presents two grounds against claims 1 to 19 of the '833 patent: anticipation under 35 U.S.C. 102 by U.S. Publication 2017/0196604 (Hartdegen), and obviousness under 35 U.S.C. 103 over Hartdegen and U.S. Publication 2009/0281543 (Orbay). The petition asserts that Hartdegen is prior art under 35 U.S.C. 102(a)(2) and 102(d) based on its July 10, 2014 provisional application, which predates the '833 patent's March 3, 2015 provisional.

Each petition relies on a technical expert's declaration and says Treace is not aware of evidence of secondary considerations. In each, Treace stipulates that, if the petition is instituted, it will not pursue in district court the grounds raised or that reasonably could have been raised in the IPR, citing Sotera Wireless, Inc. v. Masimo Corp., IPR2020-01019, Paper 12 (PTAB Dec. 1, 2020).

The Delaware case

Paragon 28's mandatory notices state that the '693, '139, '833, and '831 patents are asserted together in Paragon 28, Inc. and Disior Oy v. Treace Medical Concepts, Inc. and MIOS Marketing, LLC d/b/a RedPoint Medical 3D, No. 1:25-cv-01092-GBW (D. Del.), and that they are the subjects of IPR2027-00007, IPR2027-00008, IPR2027-00014, and IPR2027-00013. The amended complaint in that case, filed December 18, 2025 and filed by Treace as an exhibit to IPR2027-00007, alleges that Paragon 28 owns all right, title, and interest in each of the four patents. It pleads one infringement count against Treace on each patent, along with a trade secret count under the Defend Trade Secrets Act against both defendants and a copyright count against MIOS Marketing.

What to watch next

The Board accorded IPR2027-00007 and IPR2027-00008 a filing date of October 6, 2026 in notices dated October 19, 2026, and accorded IPR2027-00014 a filing date of October 14, 2026 in a notice dated October 27, 2026. Under the USPTO's interim Director discretionary process, Paragon 28 may file a brief requesting discretionary denial within two months of each notice, and Treace may oppose within three months. Paragon 28's preliminary responses are due three months after each notice under 37 CFR 42.107(b). Watch for those filings and the institution decisions.