Litigation

Untitled case

litigation

2:23-cv-00297

Patents at issue (1)

Defender signal. Patent 9730805 has had claims invalidated at PTAB. Those final written decisions are public record and a ready-made § 102 / § 103 ground in district court. See IPR estoppel for what carries over.

Summary

This case is an active litigation in the Texas Eastern District Court involving US patent 9730805.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

Due to conflicting information between the prompt's provided metadata and consistent web search results, this overview will clarify the discrepancy before presenting the available facts for case number 2:23-cv-00297. The prompt specifies "Case number: 2:23-cv-00297" and "Patents at issue: 9730805". However, extensive web searches for case 2:23-cv-00297 in the Eastern District of Texas consistently identify the case as Spinelogik, Inc. v. Genesys Orthopedics Systems, LLC, et al., primarily involving U.S. Patent 8,460,385 and another related patent, both concerning spinal implant technology, rather than U.S. Patent 9,730,805 or parties OptiVent LLC and ResMed Corp.. Therefore, the parties OptiVent LLC and ResMed Corp., as well as their associated products, cannot be discussed in relation to case 2:23-cv-00297 based on publicly available information.

The actual case 2:23-cv-00297, Spinelogik, Inc. v. Genesys Orthopedics Systems, LLC, et al., was filed by Spinelogik, Inc., which asserts patents related to spinal implant technology. The defendants included Genesys Orthopedics Systems, LLC, and initially involved other entities such as Zimmer Biomet Holdings, Inc., LDR Spine USA, Inc., Zimmer Biomet Spine, Inc., ZimVie, Inc., LDR Medical SAS, and Choice Spine, LLC. Spinelogik, Inc. appears to be a patent assertion entity (PAE) in the medical device sector, specifically focusing on orthopedic implants. The accused products were next-generation cervical interbody fusion devices, including the Genesys Spine – AIS-C 3D Printed Cervical Standalone, Genesys Spine – AIS-C Stand-Alone System, and ChoiceSpine – Blackhawk Ti Cervical Spacer System. The primary patent at issue in this case was U.S. Patent 8,460,385, titled "FUSION MEMBER FOR INSERTION BETWEEN VERTEBRAL BODIES," which generally describes designs for spinal fusion cages.

Procedurally, Spinelogik, Inc. v. Genesys Orthopedics Systems, LLC, et al. was litigated in the U.S. District Court for the Eastern District of Texas, a venue widely recognized for its fast-paced docket and historical plaintiff-friendliness in patent disputes. The case was actively litigated for nearly three years, during which several defendants were voluntarily or jointly dismissed. The case concluded on February 9, 2026, with voluntary dismissals by the plaintiff, some with and some without prejudice. This outcome, without a merits ruling, is notable for patent holders and accused infringers in the competitive spinal implant market, offering insights into enforcement strategies and freedom-to-operate risks within the medical device industry.

Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

This patent infringement litigation, Spinelogik, Inc. v. Genesys Orthopedics Systems, L.L.C., Case No. 2:23-cv-00297, was filed in the U.S. District Court for the Eastern District of Texas and involved U.S. Patent No. 9,730,805, along with U.S. Patent No. 8,460,385. The case, which included multiple defendants, concluded with voluntary dismissals by the plaintiff, Spinelogik, Inc., without a merits ruling.

Here are the key legal developments in chronological order:

  • 2023-06-22: Case Filing
    Spinelogik, Inc. filed the patent infringement lawsuit, Case No. 2:23-cv-00297, in the Eastern District of Texas against Genesys Orthopedics Systems, L.L.C. and other defendants.
  • 2023-08-17: Case Consolidation
    Related cases, including Spinelogik, Inc. v. Choice Spine, LLC, 2:23-cv-00296, and Spinelogik, Inc. v. Zimmer Biomet Spine, Inc., 2:23-cv-00298, were consolidated into Case No. 2:23-cv-00297 and assigned to District Judge Rodney Gilstrap and Magistrate Judge Roy S. Payne.
  • September 2023 - December 2023: Pre-trial Motions (Motions to Dismiss/Transfer Venue)
    Several defendants, including ZimVie, Inc., Zimmer Biomet Spine, Inc., Genesys Orthopedics Systems, L.L.C., and Choice Spine, filed motions to dismiss for improper venue or, alternatively, to transfer venue.
  • Before January 24, 2025: Voluntary Dismissals of Certain Defendants
    Defendants Zimmer Biomet Holdings, Inc., LDR Spine USA, Inc., Zimmer Biomet Spine, Inc., ZimVie, Inc., LDR Medical SAS, and Genesys Orthopedics were voluntarily or jointly dismissed from the case before the court ruled on the merits of their motions.
  • 2025-01-24: Indefinite Stay Issued
    The Court sua sponte issued an indefinite stay of the lawsuit "pending resolution of the Motion to Dismiss," referring to Choice Spine's outstanding motion.
  • 2026-02-09: Final Disposition - Voluntary Dismissal
    Spinelogik, Inc. filed two Notices of Voluntary Dismissal. The "Lead Case" (involving Zimmer Biomet Holdings, Inc. and LDR Spine) was dismissed without prejudice, preserving Spinelogik's right to refile claims. The "Member Case" (involving Choice Spine, LLC) was dismissed with prejudice, eliminating future assertion against Choice Spine. The case was formally closed on this date.

Claim Construction (Markman) Outcomes: The case was dismissed without a merits ruling, and therefore, no findings on claim construction were issued by the court. A claim construction hearing had been set for October 2, 2023, but the case concluded prior to this being fully litigated.

Discovery Milestones: Publicly available information does not detail specific discovery milestones with strategic significance beyond the general scheduling order setting discovery deadlines (e.g., discovery due by January 5, 2024; expert witness list due by November 20, 2023). However, the case was stayed and ultimately dismissed before extensive discovery appears to have concluded.

Trial Events, Verdict, and Post-Trial Motions: The case did not proceed to trial, and thus there was no verdict or post-trial motions.

Parallel PTAB IPR/PGR Proceedings: There is no publicly available information indicating any Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings specifically challenging U.S. Patent No. 9,730,805 at the Patent Trial and Appeal Board (PTAB) in connection with this litigation.

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

In the patent infringement case Spinelogik, Inc. v. Genesys Orthopedics Systems, LLC, case number 2:23-cv-00297 in the Texas Eastern District Court, the plaintiff, Spinelogik, Inc., was represented by attorneys from Garteiser Honea PLLC.

The counsel of record identified for Spinelogik, Inc. are:

  • Randall T. Garteiser

    • Role: Lead Counsel (Partner)
    • Firm: Garteiser Honea PLLC, Tyler, Texas.
    • Relevant patent litigation experience: Mr. Garteiser is a trial attorney specializing in complex intellectual property and business disputes. He previously litigated cases at Quinn Emanuel's Silicon Valley Office. He has represented clients in various patent litigation matters, including for Cypress Lake Software (smartphones, tablets, Chromebooks), ChemFoundry (dielectric fluids), Razdog (website interoperability), and Blue Spike (software). He has successfully obtained favorable results for clients against larger corporations, as highlighted in numerous past cases where Garteiser Honea acted as lead counsel.
  • Christopher A. Honea

    • Role: Lead Counsel (Partner)
    • Firm: Garteiser Honea PLLC, Tyler, Texas.
    • Relevant patent litigation experience: Mr. Honea is a partner at Garteiser Honea PLLC, a litigation boutique dedicated to high-stakes intellectual-property and business disputes. The firm, where Mr. Honea is a partner, emphasizes its experience and familiarity with federal and state courts in East Texas. He has been involved in significant patent litigation victories for the firm, including preliminary claim construction rulings for Plaintiff Decapolis Systems, LLC in the Western District of Texas.

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

In the patent infringement case Spinelogik, Inc. v. Genesys Orthopedics Systems, LLC, filed in the Eastern District of Texas under case number 2:23-cv-00297, the defendant(s) were represented by attorneys from Baker Botts LLP and Gillam & Smith, LLP. The case was voluntarily dismissed by the plaintiff on February 9, 2026.

The counsel of record for the defendant(s) included:

  • Emily Rose Pyclik

    • Firm: Baker Botts LLP
    • Role: Likely lead counsel or a member of the lead counsel team, given her inclusion in the "robust defense team" mentioned in the case summary.
    • Office Location: While not explicitly stated in the provided search results for this case, Baker Botts LLP has multiple offices. Further investigation would be needed to pinpoint her primary office during this litigation.
    • Relevant Experience: Baker Botts LLP is a well-known firm for intellectual property and patent litigation.
  • Jose Carlos Villarreal

    • Firm: Baker Botts LLP
    • Role: Likely lead counsel or a member of the lead counsel team.
    • Office Location: Similar to Ms. Pyclik, further searching would be required to confirm his specific office location within Baker Botts LLP during this period.
    • Relevant Experience: Baker Botts LLP has a strong patent litigation practice.
  • Megan LaDriere White

    • Firm: Baker Botts LLP
    • Role: Likely lead counsel or a member of the lead counsel team.
    • Office Location: Her specific office within Baker Botts LLP would need additional verification.
    • Relevant Experience: As part of Baker Botts' defense team, she would have experience in patent litigation.
  • Melissa Richards Smith

    • Firm: Gillam & Smith, LLP
    • Role: Often serves as local counsel in Eastern District of Texas cases due to her firm's location and extensive experience in the district.
    • Office Location: Tyler, Texas.
    • Relevant Experience: Melissa Richards Smith is a prominent attorney in the Eastern District of Texas, frequently representing defendants in patent infringement cases and is known for her local counsel work.