Moskowitz Family LLC v. Medtronic Sofamor Danek Inc. et al.

Moskowitz Family LLC, a patent-holding entity associated with spinal surgeon and inventor Dr. Norman Moskowitz, filed a patent infringement lawsuit against leading medical device manufacturer Medtronic Sofamor Danek Inc., Medtronic Inc., Titan Spine Inc., and Warsaw Orthopedic Inc. The plaintiff, often described as a Patent Assertion Entity (PAE) based on its litigation history, asserts US Patent 11096797, among other patents, against Medtronic's spinal interbody fusion devices and related surgical instrumentation. US Patent 11096797 is titled "ZERO-PROFILE EXPANDABLE INTERVERTEBRAL SPACER DEVICES FOR DISTRACTION AND SPINAL FUSION AND A UNIVERSAL TOOL FOR THEIR PLACEMENT AND EXPANSION," indicating it covers spinal implants designed for in-situ expansion during spinal fusion procedures, along with their specialized surgical tools. Medtronic, a global leader in healthcare technology, has a significant presence in the spinal implant market with products such as the SOVEREIGN™ Spinal System, CAPSTONE® PEEK Spinal System, and CD HORIZON® Spinal System, which are likely the accused technologies.

The case, designated 0:25-cv-00769, was filed in the Minnesota District Court on February 28, 2025. Initially assigned to Judge John R. Tunheim, it was reassigned to Chief Judge Patrick J. Schiltz following recusal, with Magistrate Judge Douglas L. Micko handling certain motions. The District of Minnesota is generally not considered a plaintiff-friendly venue for patent litigation. The procedural posture indicates early-stage activity, with the defendants having secured an extension to respond to the complaint until May 23, 2025.

This litigation is notable for several reasons. It reflects a common pattern of PAE assertion against major medical device companies in the high-stakes spinal implant market, an industry ripe with innovation and competition. Moskowitz Family LLC has a history of litigating its spinal surgery patent portfolio against other industry players, including Globus Medical and ZimVie, previously securing favorable outcomes in IPRs against Globus. In response to the present lawsuit, Medtronic has already initiated Inter Partes Review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB), including IPR2026-00124 challenging US Patent 11096797 and IPR2025-01598 challenging a related patent. These IPRs highlight Medtronic's strategy to challenge the validity of the asserted patents as part of its defense against the infringement claims.

Moskowitz Family LLC initiated a patent infringement lawsuit against Medtronic Sofamor Danek Inc., Medtronic Inc., Titan Spine Inc., and Warsaw Orthopedic Inc. in the Minnesota District Court on February 28, 2025, asserting US Patent 11096797, among other patents. The case, numbered 0:25-cv-00769, is currently active and is in its early litigation stages.

Here's a chronological overview of key legal developments:

Filing & Initial Pleadings:

• Complaint Filed: Moskowitz Family LLC filed its complaint for patent infringement on February 28, 2025.
• Service of Process: The defendants were served around March 3-4, 2025.
• Case Reassignment: Judge John R. Tunheim recused himself, and the case was reassigned to Chief Judge Patrick J. Schiltz for all further proceedings, with Magistrate Judge Douglas L. Micko also assigned.
• Extension to Respond: The parties stipulated, and the court ordered on March 20, 2025, that the defendants would have until May 23, 2025, to answer or otherwise respond to the plaintiff's complaint.
• Amended Complaint and Answer: Plaintiff Moskowitz Family LLC filed an Amended Complaint (Dkt. 27) by May 23, 2025, as it had indicated in a May 22, 2025 stipulation. The Medtronic Defendants then filed their Answer to the Amended Complaint (Dkt. 29) by June 27, 2025.

Pre-trial Motions of Substance:

• Motion to Stay Pending IPR: Medtronic filed a motion to stay the district court litigation. Medtronic's Memorandum of Law in Support of Motion to Stay (ECF No. 61) was filed in the district court on February 20, 2026. Moskowitz Family LLC filed its Opposition to Medtronic's Motion to Stay (ECF No. 65) on February 27, 2026. A hearing on the motion to stay (ECF No. 68) was subsequently scheduled. This motion is ongoing, with the outcome not yet reported.

Claim Construction (Markman) Outcomes:

• As of January 8, 2026, the Minnesota District Court had not yet held a Markman (claim construction) hearing or issued a claim construction order in the case.

Discovery Milestones:

• An Amended Pretrial Scheduling Order (ECF No. 44) was issued on January 20, 2026, setting the framework for discovery and other pre-trial activities. No specific significant discovery disputes or milestones beyond the general scheduling order have been publicly reported.

Trial Events, Verdict, and Post-Trial Motions:

• The district court trial for this case is not anticipated until February 2028 at the earliest. Therefore, no trial events, verdicts, or post-trial motions have occurred.

Settlement, Dismissal, Judgment, or Appeal:

• The case is currently open and active. No settlement, dismissal, or judgment has been reached, nor have any appeals been filed.

Parallel PTAB IPR/PGR Proceedings:
While US Patent 11096797 is at issue in the litigation, specific Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings directly targeting patent 11096797 have not been publicly identified in the available records. However, Medtronic has initiated IPRs against other patents owned by Moskowitz Family LLC, and these proceedings are related to the ongoing district court litigation:

• IPR2025-01598 (Medtronic, Inc. v. Moskowitz Family LLC): This IPR challenges U.S. Patent No. 9,005,293. Medtronic filed a "Sotera stipulation" in this proceeding, which was referenced around the time of an institution decision on January 8, 2026. This IPR explicitly considers the timing and complexity of the parallel district court litigation (0:25-cv-00769) in its analysis of judicial efficiency.
• IPR2026-00162 (Medtronic, Inc. v. Moskowitz Family LLC): This IPR is also ongoing, with a Petitioner's Status Report and an Order for Conduct of the Proceeding documented on May 13, 2026.
• IPR2026-00217 (Medtronic, Inc. v. Moskowitz Family LLC): Filed on January 16, 2026, this IPR challenges U.S. Patent No. 10,426,633.

These parallel PTAB proceedings, although not directly against US Patent 11096797, are a significant development influencing the district court's consideration of a stay. The PTAB documents repeatedly reference the district court case and its projected trial date, indicating a close interrelation between the administrative reviews and the infringement litigation.

Plaintiff Moskowitz Family LLC is represented by attorneys from Avantech Law, LLP. Sabrina Wilson has been admitted pro hac vice in the case. Other attorneys from Avantech Law, LLP listed in connection with the case include Shelleaha L. Jonas, William R. Woodford, Todd Stephen Werner, and Jason M. Zucchi.

The counsel of record for Moskowitz Family LLC are:

• Sabrina Wilson

  • Role: Likely lead counsel or significant counsel (admitted pro hac vice).
  • Firm: Avantech Law, LLP. While a specific office location for Ms. Wilson isn't immediately available, Avantech Law, LLP is based in Los Angeles, California.
  • Relevant Experience: Ms. Wilson's admission pro hac vice suggests a leading role in the case, typical for attorneys from firms specializing in patent litigation for non-practicing entities (NPEs). Moskowitz Family LLC has been identified as a well-funded, sophisticated non-practicing entity. The firm, Avantech Law, LLP, has represented Moskowitz Family LLC in prior patent infringement lawsuits against other medical device companies, such as Globus Medical Inc..

• Shelleaha L. Jonas

  • Role: Counsel.
  • Firm: Avantech Law, LLP, Los Angeles, California.
  • Relevant Experience: Involved in patent litigation for Moskowitz Family LLC.

• William R. Woodford

  • Role: Counsel.
  • Firm: Avantech Law, LLP, Los Angeles, California.
  • Relevant Experience: Involved in patent litigation for Moskowitz Family LLC.

• Todd Stephen Werner

  • Role: Counsel.
  • Firm: Avantech Law, LLP, Los Angeles, California.
  • Relevant Experience: Involved in patent litigation for Moskowitz Family LLC.

• Jason M. Zucchi

  • Role: Counsel.
  • Firm: Avantech Law, LLP, Los Angeles, California.
  • Relevant Experience: Involved in patent litigation for Moskowitz Family LLC.

Defendant Representatives Identified in Moskowitz Family LLC v. Medtronic Sofamor Danek Inc. et al.

All defendants in this patent infringement case—Medtronic Sofamor Danek Inc., Medtronic Inc., Titan Spine Inc., and Warsaw Orthopedic Inc.—are jointly represented by Sybil L. Dunlop.

It should be noted that the provided case metadata lists the "Status: Open," but a recent docket entry from a search indicates the case is "Closed."

The counsel of record for the defendants are:

• Sybil L. Dunlop
  • Role: Counsel for all defendants.
  • Firm: Greenberg Traurig, LLP, Minneapolis, Minnesota.
  • Relevant Experience: Greenberg Traurig has a substantial Intellectual Property & Technology practice with over 250 IP attorneys and professionals globally, handling all aspects of intellectual property, including patent litigation. The firm's Minneapolis office has core capabilities in intellectual property and litigation. Greenberg Traurig is recognized for its patent litigation and prosecution practice, representing pharmaceutical and technology companies and possessing expertise in inter partes review proceedings and Hatch-Waxman litigation. Other attorneys at Greenberg Traurig in Minneapolis, such as Gregory S. Schwartz, also have experience advising on patent strategy, patent procurement, and global patent portfolio strategy, particularly for medical device companies.