US 10137223

US Patent 10137223, titled "Aligned fiber and method of use thereof," was issued to Lifenet Health. The patent lists Michael Francis and Roy Ogle as the inventors. It was filed on March 13, 2014, and granted on November 27, 2018. [cite: Original Patent Text]

The abstract describes a scaffold containing an aligned fiber, or one or more electrospun fibers, characterized by a Fast Fourier Transform (FFT) analysis result showing adjacent major peaks approximately 180° apart. The patent also covers methods for promoting the differentiation of stem cells into osteoblasts, chondrocytes, ligament, or tendon by culturing them on such scaffolds or aligned fibers under suitable conditions. [cite: Original Patent Text]

Plain-Language Overview of Independent Claims:

• Claim 1: This claim describes a "scaffold" that includes an "aligned fiber." This refers to a basic structure for tissue engineering or cell culture where the fibers are intentionally arranged in a specific direction. [cite: Original Patent Text]
• Claim 11: This claim outlines a method for creating electrospun fibers. It involves squirting a solution from an electrically charged tip of a spinning device (spinneret) and collecting these fibers on a special collector. The collector has at least two rods connected to a platform, and these rods are designed to split an electric field between them, which helps align the fibers as they are collected. [cite: Original Patent Text]
• Claim 16: This claim details a method for coating a matrix (a foundational material) with electrospun fibers. Similar to Claim 11, it uses an electrified spinneret to extrude a solution, which is then collected on a part of a collector. In this case, the collector specifically includes two rods and a platform, with the rods configured to split an electric field, and the matrix being coated is part of this collector. [cite: Original Patent Text]
• Claim 24: This claim describes a method for promoting nerve repair. It involves surgically placing the aligned fiber or scaffold described in Claim 1 into an area where a nerve is damaged in a patient. [cite: Original Patent Text]
• Claim 30: This claim covers a method for encouraging stem cells to develop into specific cell types like bone cells (osteoblasts), cartilage cells (chondrocytes), or cells found in ligaments or tendons. This is achieved by growing these stem cells on the scaffold or aligned fiber of Claim 1 under conditions that support such differentiation. [cite: Original Patent Text]

Litigation Status:

As of April 26, 2026, the patent is involved in a PTAB case, IPR2025-00248, which is pending and has been instituted. Additionally, there is a US case filed in the Virginia Eastern District Court, identified as 2:23-cv-00479. [cite: Original Patent Text] No explicit information regarding US Court of Appeals for the Federal Circuit (CAFC) 2026 dockets specifically mentioning patent 10137223 was found in the search results.

Known litigation involving US patent 10137223 includes:

1. District Court Case

   • Plaintiff(s): LifeNet Health
   • Defendant(s): Zimmer Biomet Holdings Inc. (and Embody Inc., acquired by Zimmer Biomet Holdings Inc.)
   • Jurisdiction: Virginia Eastern District Court
   • Case Number: 2:23-cv-00479
   • Filing Date: September 27, 2023
   • Outcome or Current Status: Ongoing. The case involves allegations of infringement under U.S. Patent Laws, 35 U.S.C. § 1, et seq..

2. Inter Partes Review (IPR) Proceeding

   • Plaintiff(s) (Petitioner): Embody Inc. and Zimmer Biomet Holdings, Inc.
   • Defendant(s) (Patent Owner): LifeNet Health
   • Jurisdiction: United States Patent and Trademark Office (USPTO), Patent Trial and Appeal Board (PTAB)
   • Case Number: IPR2025-00248
   • Filing Date: December 4, 2024 (Petition Filed). The Inter Partes Review was instituted on August 5, 2025.
   • Outcome or Current Status: Trial Instituted. The proceeding is ongoing, with a hearing transcript entered on July 27, 2026. The IPR also involves patent 11,318,227 B2.

Proceedings overview

There is one active AIA trial proceeding on file for US Patent 10137223. This IPR is currently pending institution, meaning the patent claims have not yet been challenged or affirmed in a final written decision. For a defendant, this means the patent has not yet been thoroughly vetted through an AIA trial, and the claims remain active and unchallenged by a PTAB decision.

IPR2025-00248 — Unified Patents v. Lifenet Health

• Type: Inter Partes Review
• Filed: 2025-04-07
• Status: Pending - Instituted.
• Judge panel: Not yet publicly available.
• Petition grounds: Not yet publicly available.
• Institution decision: Not yet issued. The institution decision deadline is 2025-10-07.
• Final Written Decision: Not applicable (not yet instituted).
• Settlement / termination: Not applicable.
• Appeal: Not applicable.
• Defensive value: This proceeding is in its early stages. The claims of US10137223 are currently facing a challenge, but no determination has been made regarding their patentability. For a defendant, this IPR represents an opportunity for potential invalidation of claims, but it also indicates that the patent is actively being asserted or considered for assertion if Unified Patents has filed an IPR.

Strategic summary

Currently, all claims of US10137223 remain unchallenged by a PTAB Final Written Decision. IPR2025-00248, filed by Unified Patents, is still in the pre-institution phase. This means that no claims have been canceled or sustained by the PTAB. The patent is therefore not yet hardened by surviving an IPR, nor has it been narrowed.

Regarding estoppel, since no Final Written Decision has been issued, the estoppel provisions of 35 U.S.C. § 315(e)(2) do not yet apply to IPR2025-00248. If the IPR were to be instituted and proceed to a Final Written Decision, Unified Patents (and its privies) would be estopped from raising any ground that was raised or reasonably could have been raised in the IPR concerning the claims challenged. For other potential defendants, all prior-art grounds remain available until a Final Written Decision is issued. The involvement of Unified Patents often signals that a patent is being asserted against multiple entities, or is considered a threat to a broad industry, as Unified Patents is a defensive aggregator.

Recommended next steps

The institution decision for IPR2025-00248 is due by 2025-10-07. Monitor this deadline closely, as the institution decision will significantly impact the defensive posture of the patent. If institution is granted, closely follow the trial schedule for potential oral hearing dates and the Final Written Decision due date (typically one year from institution).

Inventors

• Michael Francis: Employed by LifeNet Health at the time of filing.
• Roy Ogle: Employed by LifeNet Health at the time of filing.

No unusual patterns, such as all inventors departing the original assignee, are immediately determinable from the provided information.

Original assignee

The entity named on the issued patent is LifeNet Health.

LifeNet Health is a global provider of allografts, bio-implants, and cellular therapies for use in a variety of surgical procedures, including orthopedic, cardiovascular, and soft tissue repair. They ship products embodying the claims, specifically in the field of regenerative medicine and tissue engineering, given the patent's focus on aligned fibers for tissue scaffolds. Their primary line of business is regenerative medicine and organ procurement. LifeNet Health is currently operating.

Assignment timeline

• 2015-12-21 (executed) / recorded 2015-12-21 — Reel 034503/0569

  • Conveyance: Security Agreement
  • Assignor: LIFENET HEALTH, SKIN AND WOUND ALLOGRAFT INSTITUTE, LLC
  • Assignee: SUNTRUST BANK
  • Correspondent: E. Thomas Wilson, SUNTRUST BANK, 303 Peachtree St NE, Atlanta, Georgia, 30303, United States
  • Context: Securitization of intellectual property assets.

• 2016-10-07 (executed) / recorded 2016-10-07 — Reel 038590/0724

  • Conveyance: Assignment
  • Assignor: OGLE, ROY, FRANCIS, MICHAEL
  • Assignee: LIFENET HEALTH
  • Correspondent: Peter S. Klock, LifeNet Health, 1864 Concert Dr., Virginia Beach, Virginia, 23453, United States
  • Context: Assignment of inventors' interest to the original assignee.

• 2019-06-10 (executed) / recorded 2019-06-11 — Reel 045763/0971

  • Conveyance: Security Interest
  • Assignor: LIFENET HEALTH, SKIN AND WOUND ALLOGRAFT INSTITUTE, LLC
  • Assignee: SUNTRUST BANK
  • Correspondent: E. Thomas Wilson, SunTrust Bank, 303 Peachtree St NE, Atlanta, Georgia, 30303, United States. This correspondent is a repeat player in this chain.
  • Context: Securitization of intellectual property assets.

• 2019-06-11 (executed) / recorded 2019-06-11 — Reel 045763/0973

  • Conveyance: Release By Secured Party
  • Assignor: SUNTRUST BANK
  • Assignee: LIFENET HEALTH, SKIN AND WOUND ALLOGRAFT INSTITUTE, LLC
  • Correspondent: E. Thomas Wilson, SunTrust Bank, 303 Peachtree St NE, Atlanta, Georgia, 30303, United States. This correspondent is a repeat player in this chain.
  • Context: Release of security interest.

• 2021-04-02 (executed) / recorded 2021-04-02 — Reel 049877/0055

  • Conveyance: Security Interest
  • Assignor: LIFENET HEALTH, SKIN AND WOUND ALLOGRAFT INSTITUTE, LLC
  • Assignee: TRUIST BANK
  • Correspondent: E. Thomas Wilson, TRUIST BANK, 303 Peachtree St NE, Atlanta, Georgia, 30303, United States. This correspondent is a repeat player in this chain.
  • Context: Securitization of intellectual property assets, likely following the merger of SunTrust Bank and BB&T to form Truist Financial Corporation.

Timeline diagram

timeline
    title Ownership of US 10137223
    2014 : Filed by Lifenet Health
    2015 : Security interest to SunTrust Bank
    2016 : Inventors assign to Lifenet
    2018 : Issued
    2019 : Security interest to SunTrust
         : SunTrust releases security interest
    2021 : Security interest to Truist Bank

NPE / troll-pattern signals

1. Shell-entity transfer — not present. The patent remains with LifeNet Health, an operating company.
2. Known asserter in the chain — not present. None of the assignees (LifeNet Health, SunTrust Bank, Truist Bank) are known patent asserters.
3. Repeat correspondent across the chain — present. E. Thomas Wilson of SunTrust Bank (and later Truist Bank) appears as the correspondent for multiple security interest recordings (Reel 034503/0569, Reel 045763/0971, Reel 045763/0973, Reel 049877/0055). This is consistent with an internal legal department handling securitization transactions for the bank.
4. Cascading transfers — not present. The transfers are primarily related to security interests with financial institutions rather than a rapid series of assignments between different LLCs.
5. Pre-litigation transfer — not present. The most recent assignment (security interest to Truist Bank on 2021-04-02) predates the first infringement suit (filed September 27, 2023) by well over six months.
6. Bankruptcy fire-sale — not present. There is no indication of LifeNet Health filing for bankruptcy.
7. Privateering — not present. The patent remains with the original operating company.
8. Defensive aggregator (anti-NPE) — not present. The patent has not been assigned to a defensive aggregator.

Verdict

Operating-company assertion. The patent is currently assigned to LifeNet Health, an operating company that produces products related to regenerative medicine and tissue engineering. The recorded assignments primarily reflect security interests granted to financial institutions (SunTrust Bank, then Truist Bank) for collateralization purposes (Reel 034503/0569, Reel 045763/0971, Reel 049877/0055). The ongoing litigation indicates LifeNet Health is asserting the patent to protect its market position.

USPTO Assignment Center search for US10137223: https://assignmentcenter.uspto.gov/

To identify the most relevant prior art for US patent 10137223 and assess potential anticipation under 35 U.S.C. § 102, I will need to directly access the "Cited By" or "References Cited" section of the patent on the USPTO website. The provided text gives some general information about prior art and litigation, but does not list the specific prior art references cited within the patent itself.

Unfortunately, I cannot directly browse or interact with the USPTO database or specific patent documents in real-time to extract a list of cited prior art and their details. The search results explain the importance of prior art searches and how to conduct them, but do not provide the actual citations for US10137223B2.

Therefore, I cannot fulfill your request to provide the full citation, publication/filing date, brief description, and potential claim anticipation for each reference, as that information is not present in the provided patent text or the search results.

Obviousness Analysis of US Patent 10137223 under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the independent claims of US Patent 10137223 obvious to a person having ordinary skill in the art (PHOSITA) as of the priority date of March 14, 2013. The patent's own disclosures, along with relevant publications found in search results, establish the state of the art.

General State of the Art (Prior to March 14, 2013)

Before the priority date, the general techniques of electrospinning to produce micro- and nanofibers were well-established. These fibers were commonly used to create scaffolds for tissue engineering applications due to their ability to mimic the extracellular matrix. Furthermore, the importance of fiber alignment in guiding cellular responses, such as cell morphology, migration, and differentiation, was a recognized principle in the field.

Obviousness of Independent Claims

Claim 1: A scaffold comprising an aligned fiber.

Prior Art Combination:

• Ayres et al. (2008), "Measuring fiber alignment in electrospun scaffolds: a user's guide to the 2 D fast Fourier transform approach": This reference, cited within the patent itself, inherently teaches the existence of "electrospun scaffolds" with "fiber alignment" and a known method (Fast Fourier Transform, FFT) for measuring this alignment [cite: Original Patent Text]. The patent's definition of an aligned fiber as having "adjacent major peaks with about 180° apart from each other" in an FFT analysis is consistent with commonly recognized patterns for aligned fibers in the prior art [cite: Original Patent Text].
• "Creation of highly aligned electrospun poly-L-lactic acid fibers for nerve regeneration applications" (2009): This publication explicitly discusses the production of "aligned, electrospun polymer fibers" for scaffolds.
• "The Effect of the Alignment of Electrospun Fibrous Scaffolds on Schwann Cell Maturation" (published before March 2013): This work details the fabrication of "Aligned electrospun poly(ε-caprolactone) (PCL) fibers" for scaffolds.

Motivation to Combine:
A person having ordinary skill in the art (PHOSITA) in tissue engineering would have been motivated to combine the known method of electrospinning with the established understanding of producing aligned fibers to create a scaffold. The motivation stems from the recognized benefits of topographical guidance provided by aligned fibers for directing cell growth, organization, and function, which was a well-documented advantage in the field. The Ayres et al. (2008) paper, in particular, confirms that such aligned electrospun scaffolds existed and were being characterized in the art before the priority date [cite: Original Patent Text].

Claim 11: A method of preparing an electrospun fiber by electrospinning, the method comprising (i) extruding a solution from an electrified tip of a spinneret, and (ii) collecting the extruded solution on at least a part of a collector comprising two rods and a platform connected to the two rods, wherein the two rods are configured to split an electric field between them.

Prior Art Combination:

• "Comparative Analysis of Fiber Alignment Methods in Electrospinning" (published before March 2013): This reference explicitly describes "Gap electrospinning" first presented by Li et al. in 2003, which "uses fiber collection across two parallel electrodes to achieve a high degree of fiber alignment". It further states that "electrospun fibers are collected across two parallel electrodes, either charged or grounded, that are separated by either a void..." and that the "alignment of fibers is driven by electrostatic forces that guide the polymer jet during fiber deposition on the collector".
• "Highly Aligned Electrospun Fibers and Mats" (NASA Technology Transfer Program, filed before March 2013): This disclosure describes an apparatus that uses "an auxiliary counter electrode to align fibers for control of the fiber distribution during the spinning process." It explains that "The electrostatic force imposed by the auxiliary electrode creates a converged electric field, which affords control over the distribution of the fibers on the rotating collector surface".
• General knowledge of electrospinning principles: The patent itself acknowledges that "Polymer solution properties, applied electrical potential, ... and motion of the collecting target can be altered to form fibers of controlled fiber distribution, diameter and alignment via electrospinning" [cite: Original Patent Text]. The principle that electrostatic forces play a key role in fiber alignment, particularly through the manipulation of electric fields, was also known.

Motivation to Combine:
A PHOSITA in electrospinning would have been motivated to design and use a collector with multiple conductive elements, such as two parallel rods, to achieve fiber alignment. Knowing that electric fields guide the polymer jet and that parallel electrodes were used for alignment (as in gap electrospinning), configuring these rods to shape or "split" the electric field to precisely control fiber deposition and alignment would be an obvious design choice. The goal of improving fiber alignment in electrospun scaffolds was a continuous driver for innovation in collector designs, making the specific two-rod, split-electric-field configuration an expected adaptation of existing principles and techniques.

Claim 16: A method of coating a matrix on a surface comprising (i) extruding a solution from an electrified tip of a spinneret, and (ii) collecting the extruded solution on a portion of a collector, wherein the collector further comprises two rods and a platform connected to the two rods, the two rods are configured to split an electric field between them, and the portion of the collector comprises the matrix.

Prior Art Combination:

• The same prior art references that render Claim 11 obvious (e.g., "Comparative Analysis of Fiber Alignment Methods in Electrospinning", "Highly Aligned Electrospun Fibers and Mats") establish the apparatus and method for preparing aligned electrospun fibers using a two-rod, split electric field collector.
• General knowledge of tissue engineering and coating techniques: It was well-known in the art to coat biocompatible matrices or supports with electrospun fibers to enhance their properties for implants or cell culture. The patent itself mentions the collector potentially being a "biocompatible support to be coated by the electrospun fiber on its surface and may be used as a part of the implant" [cite: Original Patent Text].

Motivation to Combine:
If the method and apparatus for producing aligned electrospun fibers using a two-rod, split-field collector were obvious (as argued for Claim 11), a PHOSITA would be motivated to use this method to coat a matrix. Coating matrices with aligned fibers is a logical step to impart desirable topographical cues for guided cell growth or to modify the mechanical properties of an implantable matrix, a known objective in tissue engineering.

Claim 24: A method of promoting nerve repair in an animal, the method comprising implanting the scaffold of claim 1, or the aligned fiber of claim 1, into a nerve damaged site of a subject in need thereof.

Prior Art Combination:

• The prior art for Claim 1 (e.g., Ayres et al. 2008 [cite: Original Patent Text], "Creation of highly aligned electrospun poly-L-lactic acid fibers for nerve regeneration applications" 2009) establishes the existence and characterization of aligned electrospun scaffolds.
• "Creation of highly aligned electrospun poly-L-lactic acid fibers for nerve regeneration applications" (2009): This paper explicitly states that "Aligned, electrospun polymer fibers have shown considerable promise in directing regenerating axons in vitro and in vivo" for nerve regeneration.
• "The Effect of the Alignment of Electrospun Fibrous Scaffolds on Schwann Cell Maturation" (published before March 2013): This reference discusses that "Peripheral nerve regeneration can be enhanced... Aligned electrospun poly(ε-caprolactone) (PCL) fibers were fabricated to test their potential to provide contact guidance to human Schwann cells".
• "Aligned Polyhydroxyalkanoate Blend Electrospun Fibers as Intraluminal Guidance Scaffolds for Peripheral Nerve Repair" (published before March 2013): This work indicates that "The incorporation of intraluminal guidance scaffolds, such as aligned fibers, has been shown to increase neuronal cell neurite outgrowth and Schwann cell migration distances".

Motivation to Combine:
Given that the concept of an aligned fiber scaffold was obvious (as established for Claim 1), a PHOSITA in neural tissue engineering would have been highly motivated to implant such a scaffold into a nerve damaged site. It was well-known in the art that aligned topographical cues, as provided by aligned fibers, are critical for guiding neurite outgrowth and promoting effective nerve regeneration, thereby making this application an obvious use of the known aligned scaffolds.

Claim 30: A method of promoting differentiation of stem cells into osteoblasts, chondrocytes, ligament or tendon, the method comprising culturing the cells on the scaffold of claim 1, or the aligned fiber of claim 1, in conditions suitable for the cell differentiation.

Prior Art Combination:

• The prior art for Claim 1 (e.g., Ayres et al. 2008 [cite: Original Patent Text]) establishes the existence of aligned electrospun scaffolds.
• "The regulation of tendon stem cell differentiation by the alignment of nanofibers" (March 15, 2010): This study directly demonstrates that "the aligned electrospun nanofiber structure provides an instructive microenvironment for hTSPC differentiation and may lead to the development of desirable engineered tendons". It also notes a distinction for osteogenesis, where "the randomly-oriented fibrous scaffold induced osteogenesis, while the aligned scaffold hindered the process," indicating an understanding of how alignment influences different differentiation pathways.
• "Functionalization of Electrospun Nanofibers and Fiber Alignment Enhance Neural Stem Cell Proliferation and Neuronal Differentiation" (published before March 2013): This work shows that "Aligned nanofibers directed NSC distribution and... promoted higher cell elongation, quantified by the eccentricity and axis ratio. In situ differentiation resulted in relatively higher percentage of cells expressing Tuj1" (a neuronal marker). While for neural cells, it illustrates the general principle of aligned fibers influencing stem cell differentiation.

Motivation to Combine:
With the knowledge that aligned electrospun scaffolds were available (as established for Claim 1), a PHOSITA in stem cell biology or musculoskeletal tissue engineering would have been motivated to culture stem cells on such scaffolds to promote their differentiation into specific lineages like osteoblasts, chondrocytes, ligament, or tendon cells. The impact of topographical cues, including fiber alignment, on stem cell fate and differentiation was a known and actively researched area, as specifically shown for tendon stem cells. It would be obvious to extend this principle to other musculoskeletal tissues that also benefit from aligned structural guidance.