Omnia Medical Announces Trial Date for Ongoing Litigation with PainTEQ
December 22, 2023, Morgantown, WV – Omnia Medical, a medical device company committed to providing the industry with innovative solutions utilizing proven techniques, announced that a trial date has been set for October 2024 in its ongoing lawsuit with PainTEQ. The trial is part of a pair of consolidated Federal Court cases that underscore Omnia's commitment to ongoing innovation and to safeguarding its intellectual property rights.
One of Omnia’s current cases with PainTEQ stems from an initial lawsuit filed by PainTEQ against Omnia in June 2020, alleging certain business-related claims. In December 2020, Omnia responded by answering the allegations and filing counterclaims that included intellectual property infringement not just limited to patent but, also trademark and copyright, as well as various business and contract-related claims. In January 2022, Omnia Medical then filed its own case against PainTEQ and its agents, Sean LaNeve and Charles Girsch. In the suit, Omnia Medical alleged infringement of two additional Omnia patents (Counts VI and VII) and asserted twelve nonpatent claims related to breach of the distribution sales agreement between Omnia Medical and PainTEQ which permitted PainTEQ to sell Omnia’s innovative products and services, which was in effect from April 2017 until February 2019.
“As CEO of Omnia Medical, I want to address any confusion in the market regarding the status of our lawsuit with PainTEQ. We want to clarify that the cases are far from being concluded, and that we remain resolutely committed to protecting our intellectual property rights, patent and otherwise" said Troy Schifano, CEO of Omnia Medical.
In March of last year, PainTEQ, LaNeve and Girsch filed a motion to dismiss the complaint Omnia brought against them. While Omnia Medical’s business-related claims in the second lawsuit (Counts 1-V and VIII-XIV) were dismissed at that time on largely procedural grounds, the remaining claims for design patent infringement remain active and will be a part of the October 2024 trial together with the trademark and copyright infringement, as well as business and contract-related claims from the first suit, between Omnia Medical and PainTEQ.
For those interested in accessing more information about the above-referenced ongoing case, including court details and case numbers, please visit https://www.flmd.uscourts.gov/pacer and reference US District Court – Middle District of Florida case number 8:20-cv-02805-VMC-AAS.
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Christopher Henneforth
