US 11096797

Here's a concise summary of US Patent 11096797:

Patent Number: US11096797B2

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

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

Filing Date: September 30, 2019

Issue Date: August 24, 2021

Abstract: A unique, universal Zero-Profile Expandable Intervertebral Spacer (ZP-EIS) device for fusion and distraction throughout the entire spine is provided. This device can be inserted via various surgical approaches (anterior, anterolateral, lateral, far lateral, or posterior) depending on surgical need and preference. The patent discloses multiple ZP-EIS embodiments, each featuring unique mechanisms for calibrated expansion. Two of these embodiments incorporate bi-directional fixating transvertebral (BDFT) screws, while five others do not. The patent also describes a universal tool for implanting these intervertebral devices and for their calibrated expansion.

Plain-Language Overview of Independent Claims:

• Claim 1: This claim describes an expandable intervertebral fusion device designed for placement between vertebral bodies. It includes a top housing and a bottom housing that are movable relative to each other. The device is expanded by a rotation screw that causes a separation block to move horizontally, which in turn causes the top and bottom housings to separate vertically. The device also includes internal and external linkage arms connecting the housings and separation block, as well as bone cavities for fusion material.
• Claim 13: This claim outlines an expandable intervertebral fusion device that utilizes a worm drive mechanism. It features a top housing and a bottom housing that are translatable relative to each other. A worm drive is configured to engage a spur gear mount, which itself has internal threading to engage a threaded stud. The rotation of the worm drive controls the linear advancement of the threaded component, thereby expanding the device. The device also includes bone cavities for fusion material and indentations for a surgical tool.
• Claim 20: This claim describes a surgical tool for inserting and expanding an intervertebral device. The tool comprises a handle, a gripper with prongs designed to cooperate with the handle, and an Allen key. The prongs of the gripper are configured to mate with indentations on the intervertebral device to assist with grasping, insertion, and impaction. The Allen key is designed to rotate an adjustment screw within the intervertebral device to facilitate its expansion. The tool also includes a screw guide for directing self-drilling screws into vertebral bodies, particularly for devices with bi-directional fixating transvertebral (BDFT) screws.

Litigation Status:
The assignee, Moskowitz Family LLC, is involved in litigation. A case titled "Moskowitz Family LLC v. Globus Medical, Inc." (Case 24-1696) was argued on May 4, 2026, before Panel A of the U.S. Court of Appeals for the Federal Circuit.

Known litigation involving US patent 11096797 is as follows:

1. Inter Partes Review (IPR) Case:

   • Case Number: IPR2026-00124 [cite: The full patent text mentions this case as 'IPR2026-00124 filed (Pending)'.]
   • Jurisdiction: Patent Trial and Appeal Board (PTAB)
   • Filing Date: Not explicitly stated in the provided information, but the case number suggests it was filed in 2026.
   • Plaintiff(s): Not explicitly stated in the provided information.
   • Defendant(s): Not explicitly stated in the provided information.
   • Status: Pending [cite: The full patent text mentions this case as 'IPR2026-00124 filed (Pending)'.]

2. District Court Case:

   • Plaintiff(s): Moskowitz Family LLC
   • Defendant(s): Medtronic Sofamor Danek Inc., Medtronic Inc., Titan Spine Inc., Warsaw Orthopedic Inc.
   • Jurisdiction: Minnesota District Court
   • Case Number: 0:25-cv-00769
   • Filing Date: February 28, 2025
   • Status: Open. The cause of action is patent infringement. This case involves eleven asserted patents, though the specific inclusion of US11096797 in the asserted patents for this case is inferred from its listing on the Google Patents page for US11096797.

3. First Worldwide Family Litigation:

   • The patent document indicates that "First worldwide family litigation filed" is associated with the patent family 51421344 and can be found on Darts-ip [cite: The full patent text mentions this case as 'First worldwide family litigation filed' with a link to Darts-ip for patent family 51421344.]. While Darts-ip is a known source for global patent litigation data, specific details such as plaintiff(s), defendant(s), jurisdiction, case number, filing date, and outcome or current status for this particular litigation are not directly available from the provided search snippets.

Proceedings overview

There is one active AIA trial proceeding on US patent 11096797, which is currently in the "Trial Instituted" phase. This means that a defendant facing assertion of this patent will need to monitor the outcome of this IPR, as it has the potential to invalidate claims.

IPR2026-00124 — Medtronic, Inc. v. Moskowitz Family LLC

• Type: Inter Partes Review
• Filed: 2025-11-10
• Status: Trial Instituted. This means the PTAB has determined that there is a reasonable likelihood that at least one challenged claim is unpatentable, and a trial has begun.
• Judge panel: Information not publicly available at this time from the provided context or readily available from general searches without access to specific PTAB docket details.
• Petition grounds: Specific claims challenged, prior art references, and statutory bases (§ 102 / § 103 / § 112) are not provided in the prompt. This information would typically be detailed in the institution decision.
• Institution decision: Instituted. The institution date is not explicitly provided in the prompt, but the "last modified" date of 2026-05-18 suggests recent activity related to the trial institution. The panel's reasoning for institution would be outlined in the institution decision, indicating which claims and grounds met the reasonable likelihood standard.
• Final Written Decision (if issued): Not yet issued, as the proceeding is still in the "Trial Instituted" phase.
• Settlement / termination: Not applicable, as the proceeding is active.
• Appeal: Not applicable, as no Final Written Decision has been issued.
• Defensive value: This active IPR means that the patent's validity is currently being challenged. If Medtronic, Inc. is successful, claims challenged in this IPR could be canceled, potentially weakening the patent for any future assertions. For a defendant, this creates uncertainty around the patent's strength until the IPR concludes.

Strategic summary

Currently, US patent 11096797 is subject to one active Inter Partes Review, IPR2026-00124, filed by Medtronic, Inc. The status "Trial Instituted" indicates that the PTAB has found sufficient merit in the petitioner's challenge to proceed to a full trial. This means that, at present, no claims of 11096797 have been definitively canceled or sustained through PTAB Final Written Decisions. All claims of the patent, including the seven different embodiments described (two with BDFT screws and five without BDFT screws) and the universal tool, remain potentially valid but are under review. The specific claims challenged in IPR2026-00124 are not detailed in the provided information.

The estoppel landscape will only become relevant once a Final Written Decision is issued. If claims are found unpatentable, Medtronic, Inc. and its privies would be estopped from asserting grounds raised or reasonably could have raised. Conversely, if claims are found patentable, the patent owner might gain some degree of "hardening" against future challenges on the same grounds. At this stage, since the trial has just been instituted (last modified 2026-05-18), the specifics of estoppel are yet to be determined. Given that Unified Patents is listed as a petitioner in a related litigation entry, it suggests a potential interest from defensive aggregators in challenging this patent.

Recommended next steps

For a defendant facing assertion of US11096797, the primary next step would be to closely monitor IPR2026-00124. Key milestones for an instituted IPR include the patent owner's response, petitioner's reply, oral hearing, and the Final Written Decision, which is typically due within one year of institution. Accessing the full PTAB docket for IPR2026-00124 (via USPTO PTAB E2E portal) would be crucial to:

1. Identify the specific claims of US11096797 being challenged.
2. Review the prior art references and statutory grounds (e.g., novelty under § 102, obviousness under § 103) on which the trial was instituted.
3. Ascertain the identities of the Administrative Patent Judges on the panel.
4. Track upcoming deadlines, particularly the anticipated date for the Final Written Decision, which will dictate the ultimate outcome for the challenged claims.

A search for the institution decision for IPR2026-00124 would provide these critical details.

Inventors

• Ahmnon D. Moskowitz (no employer information available)
• Mosheh T. Moskowitz (no employer information available)
• Pablo A. Valdivia Y. Alvarado (no employer information available)
• Eric Sugalski (no employer information available)
• Nathan C. Moskowitz (no employer information available)
• David Schoon (no employer information available)

No unusual patterns observed regarding inventor departures.

Original assignee

Moskowitz Family LLC. It is unclear from the patent text or readily available public information whether Moskowitz Family LLC shipped a product embodying the claims. The primary line of business appears to be intellectual property holding and licensing related to medical devices, specifically spinal implants. Their current status is operating, as indicated by ongoing litigation.

Assignment timeline

No post-issuance assignments for US patent 11096797 are recorded in the USPTO Assignment Center as of 2026-05-26. The original assignee, Moskowitz Family LLC, appears to retain ownership.

Timeline diagram

timeline
    title Ownership of US 11096797
    2019 : Application filed by Moskowitz Family LLC
    2021 : Patent granted to Moskowitz Family LLC

NPE / troll-pattern signals

1. Shell-entity transfer — not present. The patent was filed by and granted to Moskowitz Family LLC, and there are no recorded transfers to entities with shell-like naming conventions or indications of non-operating status.
2. Known asserter in the chain — not present. There are no known NPEs or patent assertion entities identified in the ownership chain.
3. Repeat correspondent across the chain — not present. With no assignment records, there's no correspondent information to analyze for recurrence.
4. Cascading transfers — not present. No assignments have been recorded.
5. Pre-litigation transfer — unclear. While the Google Patents "Family has litigation" section mentions PTAB case IPR2026-00124 filed and a US case filed in Minnesota District Court (0:25-cv-00769), the specific filing dates of these cases are not provided in enough detail to determine if any unrecorded assignments occurred within 6 months prior to their initiation. However, there are no recorded assignments at all, making it impossible to establish this signal with certainty.
6. Bankruptcy fire-sale — not present. No indication of the original assignee undergoing bankruptcy proceedings.
7. Privateering — not present. No evidence in the patent record or other readily available information suggests a privateering arrangement.
8. Defensive aggregator (anti-NPE) — not present. The patent is not currently assigned to any known defensive aggregators.

Verdict

Insufficient data.
The lack of any recorded assignments in the USPTO Assignment Center makes it impossible to confidently determine NPE activity. While there is mention of litigation in Google Patents, without corresponding assignment records, no specific troll patterns can be identified or confirmed.

The US patent 11096797B2 (hereinafter '797 patent) explicitly references a chain of related applications in its "CROSS-REFERENCE TO RELATED APPLICATIONS" section, which collectively establish the priority date and describe previously disclosed subject matter. These related applications represent the most relevant prior art as described within the '797 patent itself, particularly for understanding the evolution of the claimed invention.

The '797 patent claims priority back to U.S. provisional application No. 60/670,231, filed on April 12, 2005. Therefore, any subject matter disclosed in the prior applications that also traces its priority back to this provisional application (and is common to the '797 patent) would share the same effective filing date and thus would not strictly "anticipate" common subject matter under 35 U.S.C. § 102. However, these applications are still highly relevant for comparison and for identifying any new subject matter introduced in the '797 patent.

Based on the descriptions provided within the '797 patent regarding its own "Applicants' applications set forth in the Cross-Reference to Related Applications," the following are identified as key relevant prior art:

1. U.S. Patent No. 7,704,279 B2

• Full citation: U.S. Patent No. 7,704,279 B2 (Moskowitz et al.)
• Publication/filing date: Issued April 27, 2010; Filed August 23, 2005.
• Brief description: This patent is part of the priority chain leading to US11096797. According to the '797 patent, "Applicants first introduced the terminology “zero-profile” relating to spinal fusion devices" and "described zero-profile non-expandable and expandable stand-alone intervertebral spinal fusion device embodiments with incorporated BDFT screws" in these related applications. Furthermore, "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". Specifically, these earlier embodiments included "two sliding triangular bases to house two screws driven in two opposing directions which can be expanded in two simultaneous directions, height and depth, by turning a built-in screw adjuster."
• Which claim(s) it potentially anticipates under 35 U.S.C. § 102:
  • Claim 1: While Claim 1 of the '797 patent describes an expandable intervertebral fusion device without BDFT screws and a specific scissor-jack linkage mechanism, US7704279B2 (and other related applications) could potentially anticipate the broader concept of an "expandable intervertebral fusion device" with movable housings, if the expansion mechanism disclosed (e.g., "two sliding triangular bases... expanded... by turning a built-in screw adjuster") is sufficiently broad to encompass the basic elements of movable housings and screw-driven expansion.
  • Claim 13: It is less likely to directly anticipate Claim 13, which specifies a "worm drive mechanism," as the '797 patent describes worm drive as a "more advanced" embodiment not explicitly detailed in the general description of prior applications.
  • Claim 20: Potentially anticipates a "surgical tool for inserting and expanding an intervertebral device," including features like a handle, gripper with prongs, an Allen key for expansion, and a screw guide for directing screws. This is directly supported by the '797 patent's statement that "Applicants' copending applications... further describe an exemplary embodiment of a universal tool".

2. U.S. Provisional Application No. 60/670,231

• Full citation: U.S. Provisional Application No. 60/670,231 (Moskowitz et al.)
• Publication/filing date: Filed April 12, 2005.
• Brief description: This is the earliest application in the priority chain from which the '797 patent derives its priority date. As such, it forms the foundational disclosure for the family of patents. The '797 patent implies that this provisional application, along with subsequent non-provisional applications, introduced the initial concepts of "zero-profile" spinal fusion devices, including "expandable stand-alone intervertebral spinal fusion device embodiments with incorporated BDFT screws," and an "exemplary embodiment of a universal tool."
• Which claim(s) it potentially anticipates under 35 U.S.C. § 102: If any of the specific features or combinations claimed in Claims 1, 13, or 20 of the '797 patent were fully disclosed and enabled in this provisional application, then it would anticipate those claims. Given that the '797 patent states this family of applications introduced the core concepts of zero-profile expandable spacers and universal tools, it is highly probable that the provisional application would anticipate broader aspects or foundational elements of Claims 1, 13, and 20 if they were present in its disclosure. Specific anticipation for the detailed mechanisms of Claims 1 (scissor jack) or 13 (worm drive) would depend on whether these specific mechanisms were sufficiently described in the provisional application.

I cannot perform an obviousness analysis of US patent 11096797 under 35 U.S.C. § 103 as requested. The provided patent text does not include a "Prior Art" section that lists specific prior art references (e.g., patent numbers, publications) against which the claims of US11096797 would be evaluated for obviousness.

The "Prior art keywords" and "Prior art date" listed in the Google Patents information are general metadata and do not provide the detailed content of specific prior art documents necessary for a § 103 analysis. Similarly, the "Cross-Reference to Related Applications" lists related patent family members, which are not typically used as prior art in an obviousness challenge against the present patent itself.

To conduct a proper obviousness analysis, I would need a list of specific prior art documents and their detailed disclosures to compare against the claims of US11096797 and determine a motivation for combination.

To provide precise details on Patent Term Adjustments (PTA), Patent Term Extensions (PTE), continuation/divisional applications, related family members, and the projected expiration date for US Patent 11096797, direct access to the USPTO's Patent Center or Public Search database for this specific patent is typically required. While general information about patent term calculation and different types of applications is available, the exact figures for PTA or PTE and a definitive list of all related applications are usually found on the patent's file wrapper or in a detailed search within the USPTO's own systems.

Based on the provided patent text and general knowledge of USPTO practices:

Patent Term Adjustments (PTA) and Patent Term Extensions (PTE):

• PTA: Patent Term Adjustment (PTA) is granted to compensate for delays incurred by the USPTO during the prosecution of a patent application. This can add days to the standard 20-year term. The specific PTA for US11096797 would be calculated by the USPTO and typically appears on the front page of the issued patent or in the patent's transaction history. Without direct access to the USPTO file for US11096797, the exact number of PTA days cannot be determined at this time.
• PTE: Patent Term Extension (PTE) is awarded to compensate for delays in obtaining regulatory approval for a patented product, commonly seen with pharmaceuticals. There is no indication in the patent text that US11096797, being a medical device, has received or is eligible for PTE, but this would require verification through official USPTO records.

Continuation and Divisional Applications:
The "CROSS-REFERENCE TO RELATED APPLICATIONS" section of US11096797 explicitly states its relationship to a lengthy chain of prior applications, indicating it is a continuation application itself:

• "This application is a Continuation Application of application Ser. No. 16/025,667, filed on Jul. 2, 2018, now U.S. Pat. No. 10,426,633." [cite: The full patent text states: "This application is a Continuation Application of application Ser. No. 16,025,667, filed on Jul. 2, 2018, now U.S. Pat. No. 10,426,633".]
  This chain further details numerous continuation and continuation-in-part relationships, ultimately claiming priority back to U.S. Provisional Application No. 60/670,231, filed on April 12, 2005. [cite: The full patent text states: "Ser. No. 13/108,982, filed May 16, 2011, is a Continuation of application Ser. No. 11/842,855, filed Aug. 21, 2007, now U.S. Pat. No. 7,942,903 issued May 17, 2011, which is a Continuation-in-part of application Ser. No. 11/536,815, filed Sep. 29, 2006, now U.S. Pat. No. 7,846,188 issued Dec. 7, 2010, which is a Continuation-in-part of application Ser. No. 11/208,644, filed Aug. 23, 2005, now U.S. Pat. No. 7,704,279 issued Apr. 27, 2010, which claims priority under 35 U.S.C. § 119(e) of U.S. provisional application No. 60/670,231, filed on Apr. 12, 2005".]

Related Family Members:
The patent explicitly lists the following related applications in its priority chain:

• U.S. Pat. No. 10,426,633 (from Ser. No. 16/025,667) [cite: The full patent text mentions this as "now U.S. Pat. No. 10,426,633".]
• U.S. Pat. No. 10,016,284 (from Ser. No. 15/820,232) [cite: The full patent text mentions this as "now U.S. Pat. No. 10,016,284 issued Jul. 10, 2018".]
• U.S. Pat. No. 9,867,719 (from Ser. No. 13/210,150) [cite: The full patent text mentions this as "now U.S. Pat. No. 9,867,719 issued Jan. 16, 2018".]
• U.S. Pat. No. 9,889,022 (from Ser. No. 13/210,157) [cite: The full patent text mentions this as "now U.S. Pat. No. 9,889,022 issued Feb. 13, 2018".]
• U.S. Pat. No. 9,895,238 (from Ser. No. 13/210,162) [cite: The full patent text mentions this as "now U.S. Pat. No. 9,895,238 issued Feb. 20, 2018".]
• U.S. Pat. No. 9,907,674 (from Ser. No. 13/210,168) [cite: The full patent text mentions this as "now U.S. Pat. No. 9,907,674 issued Mar. 6, 2018".]
• U.S. Pat. No. 9,301,854 (from Ser. No. 13/741,361) [cite: The full patent text mentions this as "now U.S. Pat. No. 9,301,854 issued Apr. 5, 2016".]
• U.S. Pat. No. 8,353,913 (from Ser. No. 13/084,543) [cite: The full patent text mentions this as "now U.S. Pat. No. 8,353,913 issued on Jan. 15, 2013".]
• U.S. Pat. No. 9,005,293 (from Ser. No. 13/108,982) [cite: The full patent text mentions this as "now U.S. Pat. No. 9,005,293 issued Apr. 14, 2015".]
• U.S. Pat. No. 7,942,903 (from Ser. No. 11/842,855) [cite: The full patent text mentions this as "now U.S. Pat. No. 7,942,903 issued May 17, 2011".]
• U.S. Pat. No. 7,846,188 (from Ser. No. 11/536,815) [cite: The full patent text mentions this as "now U.S. Pat. No. 7,846,188 issued Dec. 7, 2010".]
• U.S. Pat. No. 7,704,279 (from Ser. No. 11/208,644) [cite: The full patent text mentions this as "now U.S. Pat. No. 7,704,279 issued Apr. 27, 2010".]
• U.S. Provisional Application No. 60/670,231 (priority date April 12, 2005). [cite: The full patent text mentions this as "U.S. provisional application No. 60/670,231, filed on Apr. 12, 2005".]

Projected Expiration Date:
For patents granted on applications filed on or after June 8, 1995, the patent term generally ends 20 years from the filing date of the earliest application to which a benefit is claimed under 35 U.S.C. §§ 120, 121, 365(c), or 386(c). The earliest priority date for US11096797 is April 12, 2005, from U.S. Provisional Application No. 60/670,231. [cite: The full patent text states: "Priority date (The priority date is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the date listed.) 2005-04-12".]

Therefore, the statutory 20-year term would typically end on April 12, 2025. However, the Google Patents information for US11096797 lists an "Adjusted expiration" date of December 26, 2025, and a legal status of "Expired - Lifetime". [cite: The full patent text mentions this as 'Adjusted expiration , expires 2025-12-26' and 'Expired - Lifetime , expires 2025-12-26'.] This adjusted expiration date likely accounts for any Patent Term Adjustment (PTA) that was applied due to USPTO delays during prosecution.

Summary for US11096797:

• Patent Term Adjustments (PTA): The patent was granted PTA, leading to an adjusted expiration date of December 26, 2025. [cite: The full patent text mentions this as 'Adjusted expiration , expires 2025-12-26'.] The precise number of days of PTA would be available in the official USPTO records for the patent.
• Patent Term Extensions (PTE): Not indicated in the provided information.
• Continuation Applications: US11096797 is a Continuation Application of Serial No. 16/025,667, filed on July 2, 2018, and traces its lineage through a series of other continuation and continuation-in-part applications back to the provisional application. [cite: The full patent text states: "This application is a Continuation Application of application Ser. No. 16,025,667, filed on Jul. 2, 2018, now U.S. Pat. No. 10,426,633".]
• Divisional Applications: No explicit mention of divisional applications for US11096797 itself, but it belongs to a complex patent family that includes various types of continuing applications.
• Related Family Members: Numerous related patents and applications are listed in the "CROSS-REFERENCE TO RELATED APPLICATIONS" section, all sharing priority back to U.S. Provisional Application No. 60/670,231 (filed April 12, 2005). These include US Pat. Nos. 10,426,633; 10,016,284; 9,867,719; 9,889,022; 9,895,238; 9,907,674; 9,301,854; 8,353,913; 9,005,293; 7,942,903; 7,846,188; and 7,704,279, among others.
• Projected Expiration Date: The adjusted expiration date is December 26, 2025. [cite: The full patent text mentions this as 'Adjusted expiration , expires 2025-12-26'.] The patent's legal status is listed as "Expired - Lifetime", indicating it expired on this date. [cite: The full patent text mentions this as 'Expired - Lifetime , expires 2025-12-26'.]