Summary: The U.S. Patent and Trademark Office is re-examining key remote monitoring patents after Grin challenged Dental Monitoringโ€™s claims in an ongoing lawsuit. The Patent Office found substantial new questions of patentability, and the judge granted Grin a stay, pausing Dental Monitoringโ€™s lawsuit pending the outcome of the review.

Key Takeaways

  • Patent Re-examination: The U.S. Patent and Trademark Office is re-evaluating patents due to Grin’s challenge, suggesting potential issues with the original patent grants.
  • Legal Pause: The judge has halted Dental Monitoring’s lawsuit, awaiting the Patent Office’s findings.
  • Broad Implications: The review could affect the validity of several patents, possibly impacting innovation and competitive dynamics in the remote monitoring industry.

The U.S. Patent and Trademark Office agreed to re-examine key patents related to remote monitoring in Grin’s ongoing lawsuit with Dental Monitoring. With the Patent Office review ongoing, the judge in the case agreed to grant Grin a full stay.

Questions of Patentability

Grinโ€™s representation, Sterne, Kessler, Goldstein & Fox, announced that the Patent Office has granted three of its reexamination requests for its client in its defense of patent litigations brought by Dental Monitoring, a competitor of Grin.

The Patent Office determined that each of Grinโ€™s requests raised โ€œsubstantial new questions of patentabilityโ€ as to whether Dental Monitoringโ€™s patents should have been issued in the first place.

DentalMonitoring Patents in Question

The latest order involved a patent that covers using AI to analyze photographs of a patientโ€™s teeth. Dental Monitoring asserted the patentโ€”along with three othersโ€”against Grin in the U.S. District Court for the District of Delaware.

Through its requests, Grinโ€™s lawyers were able to successfully show 20 substantial new questions of patentabilityโ€”meaning that the patents cover inventions that may not be new after all. The Patent Office has also concluded that a similar petition filed by another competitor on the fourth patent that Dental Monitoring asserted against Grin has a reasonable likelihood of success, according to Grinโ€™s representation.

Circuit Judge William Bryson ruled to halt Dental Monitoringโ€™s lawsuit against Grin to allow the Patent Office time to review the validity of Dental Monitoringโ€™s patents.