We are pleased to announce a significant victory on behalf of our client, Osseo Imaging, LLC, in a closely-watched patent infringement case against Planmeca USA Inc. The United States Court of Appeals for the Federal Circuit has now upheld the jury’s verdict MSF obtained on Osseo’s behalf in the District of Delaware, affirming that Planmeca’s ProMax 3D dental imaging systems infringed Osseo’s patent rights.

The case involved three of Osseo’s key patents relating to advanced dental imaging systems that create 3D tomographic models of the mouths of dental patients, where the models also include the type of bone density data dentists need in their practice, such as to properly insert dental implants. After a rigorous jury trial, the jury determined that Planmeca’s systems directly infringed Osseo’s patents and that Osseo’s patents were valid. Planmeca appealed the verdict, again challenging both the infringement and validity of the patents.
In an opinion issued September 4, 2024, the Federal Circuit affirmed the District Court’s judgment in full. Aside from confirming Planmeca’s infringement and the patents’ validity, the Federal Circuit also rejected an argument Planmeca made that Osseo’s expert witness wasn’t well qualified simply because he gained some expertise after the filing date of Osseo’s patents. As this was a question of first impression, the Federal Circuit issued a precedential decision to confirm this was the law.

We commend the work of our litigation team, led by Seth Ostrow, who was both lead trial counsel and successfully argued the case before the Federal Circuit.

This case highlights MSF’s ongoing commitment to defending our clients and securing favorable outcomes in complex patent litigation.

For more information, please contact Seth Ostrow at MSF.