Propel Orthodontics successfully beats preliminary injunction motion

In a case concerning a vibratory mouthpiece used to assist in orthodontic treatments, Propel Orthodontics was sued by OrthoAccel Technologies for patent infringement in the Northern District of California. OrthoAccel moved for a preliminary injunction (PI) to stop Propel from selling the device, which would have severely crippled Propel’s business. Propel chose Finnegan to represent it in the litigation and the preliminary injunction proceedings. After discovery, briefing, and oral argument, the court denied the PI motion, finding that OrthoAccel had not shown a likelihood of success on the merits because Propel presented credible evidence that the asserted patent was likely invalid. OrthoAccel appealed, and the Federal Circuit ultimately affirmed the decision of the district court.