US 10016284

Here's a concise summary of US Patent 10016284:

Title: Zero-profile expandable intervertebral spacer devices for distraction and spinal fusion and a universal tool for their placement and expansion

Assignee: Moskowitz Family LLC (Current Assignee), Moskowitz Family LLC (Original Assignee)

Inventors: Ahmnon D. Moskowitz, Mosheh T. Moskowitz, Pablo A. Valdivia Y. Alvarado, Eric Sugalski, Nathan C. Moskowitz

Filing Date: November 21, 2017

Issue Date: July 10, 2018

Abstract: A unique, universal Zero-Profile Expandable Intervertebral Spacer (ZP-EIS) device is provided for fusion and distraction throughout the entire spine. This device can be inserted via anterior, anterolateral, lateral, far lateral, or posterior surgical approaches, depending on surgical need and preference. Multiple ZP-EIS embodiments are presented, each with unique mechanisms of calibrated expansion. Two embodiments incorporate bi-directional fixating transvertebral (BDFT) screws, while five other embodiments do not. A tool for implantation into the intervertebral device and calibrated device expansion is also disclosed.

Plain-Language Overview of Independent Claims:

• Independent Claim 1: This claim describes an expandable intervertebral fusion device designed to be inserted into a disc space between vertebral bodies. The device includes a top housing and a bottom housing that are coupled to allow relative vertical movement. A rotation screw is connected to both housings. When the screw is turned, it causes the top and bottom housings to move apart, expanding the device vertically. The device also features a rostral-directed screw passing through the top housing into the upper vertebral body, and a caudally-directed screw passing through the bottom housing into the lower vertebral body. These screws are oriented in opposing, bi-directional fashion. Additionally, the device has bone cavities that can be filled with bone fusion material and indentations on its sides for engagement with a surgical tool.

• Independent Claim 17: This claim describes a surgical tool intended for use with an expandable intervertebral fusion device, such as the one described in Claim 1. The tool comprises a handle, a gripper with prongs that cooperate with the handle, and a screw guide held by the prongs. The screw guide is designed to control the direction of self-drilling screws. The tool also includes an Allen key, which is used to expand the expandable intervertebral devices.

Uncertainty Regarding CAFC 2026 Dockets:
While the patent information indicates that there is ongoing litigation related to this patent family, including a PTAB case IPR2026-00216 filed and US cases in Delaware and Minnesota District Courts, no specific dockets or outcomes for US patent 10016284 in the CAFC during 2026 were found in the provided search results. The search results show general CAFC activity and updates for 2026, but do not directly link any of these to patent US10016284.

As of April 26, 2026, the following litigation involving US Patent 10016284 is known:

1. Jurisdiction: Delaware District Court

   • Case Number: 1:25-cv-00711
   • Current Status: Critical litigation

2. Jurisdiction: Minnesota District Court

   • Case Number: 0:25-cv-00769
   • Current Status: Litigation

3. Jurisdiction: Patent Trial and Appeal Board (PTAB)

   • Case Number: IPR2026-00216
   • Current Status: Pending litigation

It is worth noting that Unified Patents is an organization that challenges the validity of patents, often by filing inter partes reviews (IPRs) at the USPTO's Patent Trial and Appeal Board (PTAB). They aim to reduce what they consider frivolous patent litigation by non-practicing entities (NPEs).

Proceedings overview

There is one active AIA trial proceeding on file for US patent 10016284, which is currently pending. All claims of the patent remain untested by a final PTAB decision, which means the patent owner's claims are currently sustained, but their defensive posture is uncertain due to the ongoing challenge.

IPR2026-00216 — Medtronic, Inc. v. Moskowitz Family LLC

• Type: Inter Partes Review
• Filed: 2026-01-16
• Status: Pending. This proceeding is in the pre-institution phase, awaiting a decision from the Patent Trial and Appeal Board (PTAB) on whether to institute a trial.
• Judge panel: The judge panel information for this pending IPR is not yet publicly available.
• Petition grounds: The specific claims challenged, the prior art cited, and the statutory bases (§ 102 / § 103 / § 112) for the petition grounds are not publicly available through general search at this pre-institution stage.
• Institution decision: The institution decision has not yet been issued. The statutory deadline for the PTAB to issue a decision on institution is typically 6 months from the petition filing date, which would be approximately 2026-07-16.
• Final Written Decision: Not applicable, as the proceeding is currently pending institution.
• Settlement / termination: Not applicable, as the proceeding is currently pending institution.
• Appeal: Not applicable, as the proceeding is currently pending institution and no Final Written Decision has been issued.
• Defensive value: As this IPR is still in the pre-institution phase, its ultimate impact on the patent's claims is unknown. For a defendant facing assertion of this patent, the pending IPR creates uncertainty. If the IPR is instituted, it could lead to claim invalidation; however, until then, all claims remain valid and enforceable.

Strategic summary

Currently, all claims of US10016284 are untested by a final PTAB decision and are presumed valid. There is one pending Inter Partes Review, IPR2026-00216, filed by Medtronic, Inc. As this proceeding has not yet reached an institution decision, no claims have been canceled or sustained by the PTAB.

The estoppel landscape has not yet formed for this patent. Since no Final Written Decision has been issued, there are currently no estoppel implications under 35 U.S.C. § 315(e)(2) for the petitioner (Medtronic, Inc.) or their privies. All prior-art grounds remain potentially available for future challenges by other parties, as well as for Medtronic if the IPR is denied institution or if they were to pursue other avenues of challenge.

There are no discernible pattern signals regarding PTAB challenges for US10016284, as only one IPR proceeding has been filed against it to date. This single pending IPR does not indicate a history of aggressive PTAB appeals by the patent owner or involvement of defensive aggregators.

Recommended next steps

If you are a defendant, the most important next step is to closely monitor the progress of IPR2026-00216. Specifically, track the institution decision, which is expected by approximately 2026-07-16. This decision will be crucial as it determines whether the PTAB will proceed with a full trial on the challenged claims. You can typically find updates on the USPTO's PTAB E2E system by searching for IPR2026-00216.

Inventors

• Ahmnon D. Moskowitz (No employer listed, likely associated with Moskowitz Family LLC)
• Mosheh T. Moskowitz (No employer listed, likely associated with Moskowitz Family LLC)
• Pablo A. Valdivia Y. Alvarado (No employer listed, likely associated with Moskowitz Family LLC)
• Eric Sugalski (No employer listed, likely associated with Moskowitz Family LLC)
• Nathan C. Moskowitz (No employer listed, identified as a neurosurgeon and lead inventor for Moskowitz Family LLC patents)

All inventors appear to be associated with the Moskowitz Family LLC, an entity formed by lead inventor Dr. Nathan C. Moskowitz. There is no indication of inventors departing the original assignee within 12 months of filing.

Original assignee

The entity named on the issued patent as the original assignee is Moskowitz Family LLC.

• Shipped a product embodying the claims: No. Moskowitz Family LLC functions as an "IP holding entity" and was formed "to develop human spine related devices and protect and license any resulting inventions and intellectual property". There is no evidence suggesting they manufacture or sell medical devices themselves.
• Primary line of business: Patent holding, licensing, and assertion related to spinal surgery devices and systems.
• Current status: Operating and actively engaged in patent litigation.

Assignment timeline

• 2018-05-25 (executed) / recorded 2018-06-05 — Reel 039750/0695

  • Conveyance: ASSIGNMENT
  • Assignor: MOSKOWITZ, ERIC SUGALSKI PABLO A. VALDIVIA Y. ALVARADO AHMNON D. MOSKOWITZ MOSHEH T. MOSKOWITZ NATHAN C.
  • Assignee: MOSKOWITZ FAMILY LLC
  • Correspondent: MOSKOWITZ FAMILY LLC, David Schoon, P.O. BOX 1229, SANTA MONICA, CA 90406. This correspondent recurs in this chain.
  • Context: Inventors formally assign patent rights to the Moskowitz Family LLC.

• 2021-07-29 (executed) / recorded 2021-09-02 — Reel 041846/0975

  • Conveyance: ASSIGNMENT
  • Assignor: SCHOON, DAVID
  • Assignee: MOSKOWITZ FAMILY LLC
  • Correspondent: MOSKOWITZ FAMILY LLC, DAVID SCHOON, PO BOX 1229, SANTA MONICA CA 90406. This correspondent recurs in this chain.
  • Context: Transfer of rights to the Moskowitz Family LLC.

• 2021-07-29 (executed) / recorded 2021-09-02 — Reel 041846/0978

  • Conveyance: ASSIGNMENT
  • Assignor: MOSKOWITZ, AHMNON D.
  • Assignee: MOSKOWITZ FAMILY LLC
  • Correspondent: MOSKOWITZ FAMILY LLC, DAVID SCHOON, PO BOX 1229, SANTA MONICA CA 90406. This correspondent recurs in this chain.
  • Context: Inventor Ahmnon D. Moskowitz formally assigns patent rights to the Moskowitz Family LLC.

• 2021-07-29 (executed) / recorded 2021-09-02 — Reel 041846/0981

  • Conveyance: ASSIGNMENT
  • Assignor: MOSKOWITZ, MOSHEH T.
  • Assignee: MOSKOWITZ FAMILY LLC
  • Correspondent: MOSKOWITZ FAMILY LLC, DAVID SCHOON, PO BOX 1229, SANTA MONICA CA 90406. This correspondent recurs in this chain.
  • Context: Inventor Mosheh T. Moskowitz formally assigns patent rights to the Moskowitz Family LLC.

• 2021-07-29 (executed) / recorded 2021-09-02 — Reel 041846/0984

  • Conveyance: ASSIGNMENT
  • Assignor: ALVARADO, PABLO A. VALDIVIA Y.
  • Assignee: MOSKOWITZ FAMILY LLC
  • Correspondent: MOSKOWITZ FAMILY LLC, DAVID SCHOON, PO BOX 1229, SANTA MONICA CA 90406. This correspondent recurs in this chain.
  • Context: Inventor Pablo A. Valdivia Y. Alvarado formally assigns patent rights to the Moskowitz Family LLC.

• 2021-07-29 (executed) / recorded 2021-09-02 — Reel 041846/0987

  • Conveyance: ASSIGNMENT
  • Assignor: SUGALSKI, ERIC
  • Assignee: MOSKOWITZ FAMILY LLC
  • Correspondent: MOSKOWITZ FAMILY LLC, DAVID SCHOON, PO BOX 1229, SANTA MONICA CA 90406. This correspondent recurs in this chain.
  • Context: Inventor Eric Sugalski formally assigns patent rights to the Moskowitz Family LLC.

• 2021-07-29 (executed) / recorded 2021-09-02 — Reel 041846/0990

  • Conveyance: ASSIGNMENT
  • Assignor: MOSKOWITZ, NATHAN C.
  • Assignee: MOSKOWITZ FAMILY LLC
  • Correspondent: MOSKOWITZ FAMILY LLC, DAVID SCHOON, PO BOX 1229, SANTA MONICA CA 90406. This correspondent recurs in this chain.
  • Context: Inventor Nathan C. Moskowitz formally assigns patent rights to the Moskowitz Family LLC.

Timeline diagram

timeline
    title Ownership of US 10016284
    2017 : Filed by Moskowitz Family LLC
    2018 : Inventors assign to Moskowitz Family LLC
         : Patent granted
    2021 : Various individuals assign to Moskowitz Family LLC
    2025 : First infringement suit filed (Medtronic)
    2026 : IPR filed (Pending)

NPE / troll-pattern signals

1. Shell-entity transfer — Present. The Moskowitz Family LLC is explicitly identified as an "IP holding entity" and was formed with the purpose "to develop human spine related devices and protect and license any resulting inventions and intellectual property". There is no indication of product sales or manufacturing by the LLC. The assignments (Reel 039750/0695, Reel 041846/0975-0990) reflect the consolidation of inventor interests into this entity.
2. Known asserter in the chain — Present. Moskowitz Family LLC has initiated patent infringement lawsuits against major medical device companies, including Medtronic and Globus Medical. Case filings in Delaware District Court (1:25-cv-00711) and Minnesota District Court (0:25-cv-00769) are active.
3. Repeat correspondent across the chain — Present. David Schoon, listed with the firm "MOSKOWITZ FAMILY LLC" and address "P.O. BOX 1229, SANTA MONICA, CA 90406," is the correspondent of record for all recorded assignments: Reel 039750/0695 (recorded 2018-06-05) and Reels 041846/0975 through 041846/0990 (recorded 2021-09-02).
4. Cascading transfers — Not present. The assignments are primarily from individual inventors and one other individual to the Moskowitz Family LLC, rather than multiple transfers through chained LLCs.
5. Pre-litigation transfer — Unclear. The patent was granted on July 10, 2018. The earliest known infringement suit against Globus Medical was filed in 2019 (Moskowitz Family LLC v. Globus Medical Inc., case number 2:20-cv-03271, filed July 6, 2020, but the search snippet says "Moskowitz first filed suit against Globus for infringing its patents in 2019"). The main inventor assignment (Reel 039750/0695, executed 2018-05-25, recorded 2018-06-05) occurred shortly before the patent issued and before the first known litigation, but not strictly within 6 months of the 2019 filing. The 2021 assignments (Reel 041846/0975-0990) occurred after the initial Globus litigation was underway and before the Medtronic litigation (0:25-cv-00769).
6. Bankruptcy fire-sale — Not present. No evidence of bankruptcy.
7. Privateering — Unclear. While Dr. Nathan C. Moskowitz, a neurosurgeon, is the lead inventor and formed the LLC, there's no explicit evidence that an operating medical device company transferred the patents to Moskowitz Family LLC for assertion against competitors. The LLC appears to be a direct vehicle for Dr. Moskowitz's IP.
8. Defensive aggregator (anti-NPE) — Not present. The current assignee, Moskowitz Family LLC, is an asserting entity, not a defensive aggregator.

Verdict

NPE — high confidence

Moskowitz Family LLC is explicitly identified as an "IP holding entity" that does not produce goods, and has a history of asserting its patent portfolio against large medical device manufacturers such as Medtronic and Globus Medical. The consistent use of David Schoon as the correspondent across all recorded assignments (Reel 039750/0695 and Reels 041846/0975-0990) further reinforces the pattern of a centralized patent assertion operation.

USPTO Assignment Center search for US10016284

To identify the most relevant prior art for US patent 10016284, a direct search of the USPTO database for patent 10016284 and its cited references is necessary. Based on the provided information, I can outline the steps to find this information via the USPTO Patent Public Search tool.

Steps to Identify Prior Art for US10016284 using USPTO Patent Public Search:

1. Access USPTO Patent Public Search: Navigate to the USPTO Patent Public Search website (e.g.,).
2. Search for US10016284: Use the "Quick lookup" or "Basic search" function, entering the patent number "10016284" in the Patent or Publication number field. Ensure to use the correct format for patent numbers (e.g., "010016284" if leading zeros are required for a 7-digit number, though for an 8-digit number like this, it's typically just the number itself).
3. Locate Cited References: Once the patent document for US10016284 is displayed, navigate to the "References Cited" section. This section lists all the prior art documents (patents and non-patent literature) that the examiner considered during the prosecution of the patent application.
4. Extract Information for Each Reference: For each listed patent reference, record the following:
   • Full Citation (Patent Number, Inventor, Issue Date)
   • Publication/Filing Date (usually the earliest of these dates is the most relevant for prior art analysis)
   • Brief Description (this often requires reviewing the abstract and main claims of the cited patent)
   • Which claim(s) of US10016284 it potentially anticipates under 35 U.S.C. § 102. This last step would involve a detailed claim-by-claim comparison of US10016284 against the disclosures of each cited prior art patent, which cannot be fully performed without direct access to the USPTO search results and a deeper analysis of each cited patent's full text.

Since I do not have live, interactive access to the USPTO Patent Public Search tool to perform these detailed steps and retrieve the full text and descriptions of all cited prior art patents, I cannot provide a definitive list of the most relevant prior art and their specific anticipation of claims under 35 U.S.C. § 102 at this moment.

However, based on the Cross-Reference to Related Applications section in the provided patent text, I can identify several family members and earlier applications that are likely to be highly relevant prior art. While these are not "cited references" in the traditional sense of external prior art, they are foundational to the patent's development and are often considered in patentability.

Here are the internal prior art references explicitly mentioned as related applications, which would be crucial for understanding the patent's scope and novelty:

• US Patent 7,704,279

  • Full Citation: U.S. Pat. No. 7,704,279 issued Apr. 27, 2010.
  • Filing Date: August 23, 2005 (application Ser. No. 11/208,644).
  • Brief Description: This patent is a predecessor to US10016284, as US10016284 claims priority through a chain of continuations, including this patent. It likely describes earlier iterations of zero-profile expandable intervertebral spacer devices.
  • Potential Anticipation: It would likely anticipate broad aspects of intervertebral spacers, zero-profile designs, and expandable mechanisms. A detailed analysis would be needed to see if specific elements of Claim 1 or Claim 17 of US10016284 were already fully disclosed in this patent.

• US Patent 7,846,188

  • Full Citation: U.S. Pat. No. 7,846,188 issued Dec. 7, 2010.
  • Filing Date: September 29, 2006 (application Ser. No. 11/536,815).
  • Brief Description: This patent is also part of the priority chain for US10016284 and likely details further developments in zero-profile expandable intervertebral spacer technology.
  • Potential Anticipation: Similar to US 7,704,279, it would be highly relevant for anticipating various features of expandable intervertebral spacers, and specifics would depend on a claim comparison.

• US Patent 7,942,903

  • Full Citation: U.S. Pat. No. 7,942,903 issued May 17, 2011.
  • Filing Date: August 21, 2007 (application Ser. No. 11/842,855).
  • Brief Description: This patent is also a direct ancestor in the priority chain, further elaborating on the core concepts.
  • Potential Anticipation: It would be highly relevant to the novelty of the expandable spacer, particularly the zero-profile and calibrated expansion features.

• US Patent 8,353,913

  • Full Citation: U.S. Pat. No. 8,353,913 issued on Jan. 15, 2013.
  • Filing Date: April 11, 2011 (application Ser. No. 13/084,543).
  • Brief Description: This patent is a continuation in the priority chain, suggesting it builds upon the earlier inventions.
  • Potential Anticipation: Given its position in the family, it would likely anticipate many elements of the general expandable intervertebral fusion device.

• US Patent 9,005,293

  • Full Citation: U.S. Pat. No. 9,005,293 issued Apr. 14, 2015.
  • Filing Date: May 16, 2011 (application Ser. No. 13/108,982).
  • Brief Description: Another continuation in the series, further refining the device or methods.
  • Potential Anticipation: This patent would be highly relevant to the specific mechanisms of expansion or features described in US10016284's claims.

To provide a comprehensive prior art analysis, including external citations, direct access to the "References Cited" section of US10016284 on the USPTO website is essential.

Obviousness Analysis under 35 U.S.C. § 103 for US Patent 10016284

To determine obviousness, we consider whether the differences between the claimed invention and the prior art would have been obvious to a person having ordinary skill in the art (POSITA) at the time of the invention. This involves identifying potential combinations of prior art references and the motivation to combine them.

The priority date for US10016284 is April 12, 2005. The patent itself lists several related applications, which can serve as relevant prior art for this analysis, as they are part of the same patent family and describe earlier developments by the same inventors. These include:

• US 7,704,279 (filed August 23, 2005, priority from April 12, 2005)
• US 7,846,188 (filed September 29, 2006)
• US 7,942,903 (filed August 21, 2007)

The patent also states that the applicants first introduced the terminology "zero-profile" relating to spinal fusion devices in their related applications and also described zero-profile non-expandable and expandable stand-alone intervertebral spinal fusion device embodiments with incorporated BDFT screws in those applications.

Independent Claim 1: Expandable Intervertebral Fusion Device

Independent Claim 1 describes an expandable intervertebral fusion device with:

1. A top housing and a bottom housing coupled for relative vertical movement.
2. A rotation screw connected to both housings for vertical expansion.
3. A rostral-directed screw through the top housing into the upper vertebral body.
4. A caudally-directed screw through the bottom housing into the lower vertebral body, with screws oriented bi-directionally.
5. Bone cavities for fusion material.
6. Indentations on its sides for engagement with a surgical tool.

Combination 1: US 7,704,279 in view of general knowledge of expandable spinal implants and surgical tools.

• US 7,704,279: This patent, a predecessor to US10016284, describes an expandable intervertebral spacer with bi-directional fixating transvertebral (BDFT) screws. It discloses an intervertebral device with upper and lower housings, and screws that traverse these housings in opposing directions to engage adjacent vertebral bodies. It also discusses the concept of "zero-profile" and bone fusion material. The patent states that it describes "zero-profile non-expandable and expandable stand-alone intervertebral spinal fusion device embodiments with incorporated BDFT screws."
• Motivation to Combine: A POSITA would be motivated to combine the features of US 7,704,279 with common knowledge in the field to create an expandable device as described in claim 1. US 7,704,279 already lays the groundwork for BDFT screws and a zero-profile design. The specific mechanism for expansion using a rotation screw to control vertical movement and the inclusion of bone cavities for fusion material are well-known concepts in the design of intervertebral fusion devices. The indentations for a surgical tool are also standard features for facilitating implantation. The present patent specifically states that "Applicants' copending applications set forth in the Cross-Reference to Related Applications further describe an exemplary embodiment of a universal tool and the adaptability of the tool, for example, to exemplary embodiments of sliding boxes, as well as to the exemplary embodiments described herein, including those with and without BDFT screws."

Therefore, the specific arrangement of a rotation screw for vertical expansion, bone cavities, and tool indentations, when applied to a device already featuring bi-directional transvertebral screws and an expandable nature, would likely have been obvious to a POSITA.

Independent Claim 17: Surgical Tool

Independent Claim 17 describes a surgical tool with:

1. A handle.
2. A gripper with prongs cooperating with the handle.
3. A screw guide held by the prongs, controlling the direction of self-drilling screws.
4. An Allen key to expand expandable intervertebral devices.

Combination 1: US 7,704,279 and general surgical tool design principles.

• US 7,704,279: As mentioned previously, this patent discusses BDFT screws and expandable intervertebral devices. The need for a tool to implant and manipulate such devices, particularly for directing screws, would be inherent in the design. The present patent directly references this, stating, "Applicants' copending applications set forth in the Cross-Reference to Related Applications further describe an exemplary embodiment of a universal tool and the adaptability of the tool, for example, to exemplary embodiments of sliding boxes, as well as to the exemplary embodiments described herein, including those with and without BDFT screws."
• Motivation to Combine: A POSITA would be motivated to develop a tool specifically for the implantation and expansion of the devices described in US 7,704,279. The elements of Claim 17 (handle, gripper, screw guide, Allen key) are all standard components or functionalities found in surgical instruments for orthopedic procedures, especially those involving screw placement and implant expansion. The integration of an Allen key for expansion, alongside a screw guide for directing BDFT screws, would be a straightforward engineering solution for a surgeon or tool designer looking to effectively use the device. The patent refers to this in the detailed description, noting, "FIGS. 8A-8C illustrate three-dimensional views of exemplary embodiments of the external drill/screw guide-box expander universal tool 800 which can be used to assist in both screw trajectory and box expansion of an expandible device, such as the exemplary embodiments of devices illustrated in embodiments I and II, and for device expansion of the devices illustrated in embodiments III-VII."

Therefore, the design of a universal surgical tool incorporating these features to facilitate the placement and expansion of an expandable intervertebral device with BDFT screws, as suggested by earlier work in the same patent family, would have been obvious to a POSITA.