PTAB Invalidates Vibrating Orthodontic Device Patent

After a challenge brought by Finnegan on behalf of Propel Orthodontics LLC, the PTAB (Patent Trial and Appeal Board) invalidated OrthoAccel Technologies Inc.’s orthodontic device patent covering a vibrating bite plate and a method of moving teeth by applying vibrations to certain areas of that bite plate. According to the PTAB, the majority of the patent's 27 claims are anticipated based on a 2008 patent application called Lowe. Additionally, the PTAB said that based on a combination of Lowe and an international patent application called Ting, any remaining claims are obvious. OrthoAccel claimed that Lowe could not be used as prior art because the priority date of two applications predated Lowe, however, the PTAB did not agree and said the claims in the instant patent were disclosed after Lowe, in 2009. The PTAB wrote, “We find that petitioner has demonstrated by a preponderance of the evidence that each of challenged claims ... is unpatentable."