DCT

1:22-cv-00679

Bioness Inc v. Aretech LLC

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 1:22-cv-00679, E.D. Va., 06/15/2022
  • Venue Allegations: Venue is alleged to be proper in the Eastern District of Virginia because Defendant Aretech’s principal place of business is in the district.
  • Core Dispute: Plaintiff alleges that Defendant’s ZeroG Version 3 gait and balance training system infringes ten patents related to body weight support systems that use a trolley powered by a conductor rail.
  • Technical Context: The technology concerns over-ground gait therapy systems used in physical rehabilitation to help patients with walking impairments regain mobility in a safe, weight-supported environment.
  • Key Procedural History: The complaint alleges a prior business relationship where, in 2010, Plaintiff Bioness agreed to distribute Defendant Aretech’s earlier-generation ZeroG system. This agreement was terminated in 2011. Plaintiff alleges that after it commercially released its patented Vector system in 2013, which features a conductor rail power system, Defendant Aretech released its infringing ZeroG Version 3 in 2017 incorporating the same conductor rail architecture. The complaint also alleges that Defendant knew of several of the asserted patents since at least January 21, 2020, when it cited them in an Information Disclosure Statement (IDS) during the prosecution of its own patent application.

Case Timeline

Date Event
2010-XX-XX Bioness and Aretech enter distribution agreement for Aretech's original ZeroG system
2011-XX-XX Bioness and Aretech terminate distribution agreement
2013-01-20 Earliest Priority Date for ’000, ’569, ’177, ’960, ’563, ’486, ’780, ’416, and ’651 Patents
2013-02-XX Bioness commercially releases its patented Vector system
2014-02-12 Aretech releases second generation of ZeroG system
2017-02-14 Priority Date for ’316 Patent
2017-02-21 Aretech announces the Accused Product (ZeroG Version 3)
2017-06-20 U.S. Patent No. 9,682,000 issues
2017-12-12 U.S. Patent No. 9,839,569 issues
2018-01-02 U.S. Patent No. 9,855,177 issues
2019-03-05 U.S. Patent No. 10,219,960 issues
2019-11-05 U.S. Patent No. 10,463,563 issues
2020-01-21 Aretech allegedly aware of multiple Bioness patents via IDS filing
2020-01-21 U.S. Patent No. 10,537,486 issues
2020-06-02 U.S. Patent No. 10,668,316 issues
2022-02-15 U.S. Patent No. 11,246,780 issues
2022-02-22 U.S. Patent No. 11,253,416 issues
2022-05-10 U.S. Patent No. 11,324,651 issues
2022-06-15 Complaint filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 9,682,000 - Methods and Apparatus for Body Weight Support System, issued June 20, 2017 (’000 Patent)

The Invention Explained

  • Problem Addressed: The complaint describes prior art over-ground gait support systems as suffering from several drawbacks, including bulky, movement-restricting power and control cable bundles that limit the travel span of the trolley and can create routing and management challenges (Compl. ¶¶25-26). These cable bundles could also constitute a varying inertia that negatively affects the system's performance (Compl. ¶26).
  • The Patented Solution: The invention is a body weight support system that eliminates bulky external power cables by using a powered conductor rail coupled adjacent to the track on which the trolley moves (Compl. ¶27). An electronic system within the trolley makes physical and electrical contact with the powered conductor to draw power, allowing for unrestricted movement along the track (see generally ’960 Patent, FIG. 1, col. 6:11-20). The trolley can be wirelessly controlled (Compl. ¶27).
  • Technical Importance: This approach allows for more flexible track configurations (e.g., closed loops) and greater range of motion for patients, intended to provide a more realistic and effective therapeutic experience (Compl. ¶19).

Key Claims at a Glance

  • The complaint asserts independent claims 1, 8, and 13 (Compl. ¶69).
  • Claim 1 is directed to an apparatus including:
    • a trolley with a drive assembly movably suspended from a track;
    • a powered conductor coupled to the track, where a portion of the trolley is disposed within and in contact with the conductor to receive power;
    • the track and drive assembly are disposed outside the powered conductor;
    • a patient attachment configured to support a single patient; and
    • a control system.
  • Claim 8 is directed to an apparatus including:
    • a housing, drive element, and wheel assembly; and
    • a patient support assembly coupled to the housing that includes a pulley, a tether, and a cam;
    • the cam is operably coupled to a sensor to detect pivoting of the cam in response to patient weight on the tether.
  • Claim 13 is directed to an apparatus including:
    • a trolley with a drive assembly and a plurality of wheels;
    • a powered conductor with a conductive surface for electrically coupling to the trolley; and
    • a portion of the track is disposed between at least one wheel and the powered conductor to isolate the wheel from the conductor.

U.S. Patent No. 9,839,569 - Methods and Apparatus for Body Weight Support System, issued December 12, 2017 (’569 Patent)

The Invention Explained

  • Problem Addressed: The technology addresses the same problems as the ’000 Patent, focusing on the mechanical and electrical configuration of the trolley itself (Compl. ¶¶22-26).
  • The Patented Solution: The ’569 Patent claims a trolley with a specific two-motor configuration. A first motor in a drive assembly moves the trolley along the track, while a second motor in a patient support mechanism adjusts an adjustable tether to control the amount of body weight support. Both motors are supplied with power from an electronic system that draws electricity from a powered conductor adjacent to the track (’569 Patent, Abstract). The first motor is configured to move the trolley in response to the patient's own movement as supported by the tether (Compl. ¶97).
  • Technical Importance: This configuration provides for dynamic, responsive control over both the trolley's horizontal movement and the vertical body weight support provided to the patient, powered without restrictive external cables (Compl. ¶27).

Key Claims at a Glance

  • The complaint asserts independent claim 1 (Compl. ¶96).
  • Claim 1 is directed to a trolley configured to support a user's body weight, including:
    • a drive assembly with a plurality of wheels and a first motor to move the trolley along a track;
    • a patient support mechanism with an adjustable tether, a drum, and a second motor operable to adjust the weight supported by the tether; and
    • an electronic system electrically coupled to both motors, which receives power from a conductor adjacent to the track.

U.S. Patent No. 9,855,177 (’177 Patent) - Methods and Apparatus for Body Weight Support System, issued January 2, 2018

  • Technology Synopsis: This patent claims a mechanical safety apparatus for the end of a support track. It describes a coupling portion with a fixed member and a movable member that transitions between configurations to limit the movement of the patient support assembly towards the end of the track, acting as a dynamic stop (Compl. ¶111).
  • Asserted Claims: Independent claim 9 is asserted (Compl. ¶110).
  • Accused Features: The complaint alleges that the Accused Product includes a coupling portion at the end of its support track that infringes the claimed safety features (Compl. ¶¶113-115).

U.S. Patent No. 10,219,960 (’960 Patent) - Methods and Apparatus for Body Weight Support System, issued March 5, 2019

  • Technology Synopsis: This patent claims a body weight support system where the trolley is powered by a rigid, fixedly coupled conductor adjacent to the track. The trolley is configured to supply power to its drive assembly to move along the track in response to a change in force exerted by the patient on an adjustable tether (Compl. ¶¶125, 130, 135).
  • Asserted Claims: Independent claims 1, 11, and 21 are asserted (Compl. ¶124).
  • Accused Features: The complaint alleges the Accused Product's use of a rigid conductor rail to power its trolley in response to patient-exerted forces infringes the claimed system and methods (Compl. ¶¶127-129, 132-134, 137-141).

U.S. Patent No. 10,463,563 (’563 Patent) - Methods and Apparatus for Body Weight Support System, issued November 5, 2019

  • Technology Synopsis: This patent claims methods for processing signals within an active trolley to analyze a patient's gait. The methods involve receiving signals related to the operating conditions of the drive and patient support mechanisms, determining a change in the patient's harness position, and defining a gait characteristic based on that change (Compl. ¶¶151, 160, 169).
  • Asserted Claims: Independent claims 1, 7, and 14 are asserted (Compl. ¶150).
  • Accused Features: The use of the Accused Product is alleged to infringe these methods by receiving electrical current, processing signals, and defining gait characteristics based on patient movement (Compl. ¶¶153-159, 162-168, 171-175).

U.S. Patent No. 10,537,486 (’486 Patent) - Methods and Apparatus for Body Weight Support System, issued January 21, 2020

  • Technology Synopsis: This patent claims a system and trolley with a drive assembly and a support mechanism powered by a rigid conductor offset from the support track. The system is configured to maintain the trolley within a predefined range of positions relative to the user by supplying power to the drive motor in response to force on the tether (Compl. ¶¶185, 190, 198).
  • Asserted Claims: Independent claims 1, 11, and 18 are asserted (Compl. ¶184).
  • Accused Features: The Accused Product's powered trolley system is alleged to practice the claimed invention by using a rigid conductor to power and control the trolley's position relative to the user (Compl. ¶¶187-189, 192-197, 200-204).

U.S. Patent No. 10,668,316 (’316 Patent) - Methods and Apparatus for Body Weight Support System, issued June 2, 2020

  • Technology Synopsis: This patent claims methods for providing dynamic body weight support during gait training based on tether length and fall detection. The methods involve defining reference and threshold tether lengths and providing different amounts of support based on whether the tether length is greater or less than the threshold. Other claims relate to defining fall criteria and providing support in response to a fall (Compl. ¶¶214, 221).
  • Asserted Claims: Independent claims 1 and 7 are asserted (Compl. ¶213).
  • Accused Features: Use of the Accused Product is alleged to infringe by defining tether lengths and criteria to dynamically provide body weight support and fall protection (Compl. ¶¶216-220, 223-229).

U.S. Patent No. 11,246,780 (’780 Patent) - Methods and Apparatus for Body Weight Support System, issued February 15, 2022

  • Technology Synopsis: This patent claims a method of operating a trolley system powered by a rigid conductor. The method involves transitioning the drive or support mechanisms between operating conditions in response to a flow of electrical current, and providing body weight support while maintaining the trolley in a substantially overhead position (Compl. ¶239).
  • Asserted Claims: Independent claim 1 is asserted (Compl. ¶238).
  • Accused Features: The operation of the Accused Product is alleged to infringe the claimed method by receiving current from a rigid conductor and transitioning between operating states to provide support (Compl. ¶¶241-245).

U.S. Patent No. 11,253,416 (’416 Patent) - Methods and Apparatus for Body Weight Support System, issued February 22, 2022

  • Technology Synopsis: This patent claims a method for identifying a gait characteristic by processing signals from a trolley's drive and support mechanisms. The method involves receiving signals corresponding to different operating conditions, determining a change in tether position based on the difference between those conditions, and identifying a gait characteristic from that change (Compl. ¶254).
  • Asserted Claims: Independent claim 1 is asserted (Compl. ¶253).
  • Accused Features: Use of the Accused Product is alleged to infringe by receiving and processing signals related to its operating state to determine tether position and identify gait characteristics (Compl. ¶¶256-261).

U.S. Patent No. 11,324,651 (’651 Patent) - Methods and Apparatus for Body Weight Support System, issued May 10, 2022

  • Technology Synopsis: This patent claims a system with a stationary support track, a rigid power conductor, and a trolley. The trolley's support assembly receives power from the conductor to rotate a drum and transition between operating states, where the amount of weight supported is about equal in both states (Compl. ¶270).
  • Asserted Claims: Independent claim 1 is asserted (Compl. ¶269).
  • Accused Features: The Accused Product is alleged to infringe by including the claimed combination of a stationary track, rigid conductor, and a trolley that transitions between operating states while providing consistent weight support (Compl. ¶¶272-276).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentality is Aretech’s ZeroG Version 3 Gait and Balance Training System ("Accused Product") (Compl. ¶59).

Functionality and Market Context

  • The Accused Product is a motorized trolley system that moves along an overhead track to provide body weight support to a patient in a harness (Compl. ¶60).
  • The complaint alleges that, unlike its predecessors, the Accused Product includes a rigid conductor adjacent to the support track that supplies electric power to the trolley (Compl. ¶62). An annotated photograph in the complaint identifies this feature as a "conductor rail" running parallel to the "track (I-beam)" (Compl. p. 17).
  • The trolley allegedly includes a drive assembly with wheels and a motor to move along the track (Compl. ¶61).
  • The complaint alleges Aretech promotes and sells the Accused Product to rehabilitation centers and hospitals throughout the United States (Compl. ¶¶64-65).

IV. Analysis of Infringement Allegations

’000 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a trolley having a drive assembly configured to movably suspend the trolley from a track; The Accused Product includes a trolley with a drive assembly that suspends it from an overhead track. ¶72 col. 6:33-40
a powered conductor operatively coupled to the track, the powered conductor being substantially parallel to the track, the powered conductor including at least one conductive inner surface... The Accused Product includes a powered conductor rail coupled to and parallel with the track, which provides power to the trolley. ¶73 col. 6:11-20
a portion of the trolley being disposed within the powered conductor and in contact with the at least one conductive inner surface to electrically couple the trolley to the powered conductor... A portion of the Accused Product's trolley is allegedly in contact with an inner conductive surface of the powered conductor to receive electricity and moves within the conductor. ¶73 col. 10:1-30
at least one patient attachment coupled to the trolley, the at least one patient attachment configured to support a single patient; The Accused Product has a patient attachment, such as a harness, coupled to the trolley to support a patient. ¶74 col. 7:51-54

Identified Points of Contention

  • Scope Questions: Claim 1 of the ’000 Patent requires "a portion of the trolley being disposed within the powered conductor." The primary infringement photograph provided shows a conductor rail running adjacent to the I-beam track on which the trolley rides (Compl. p. 17). This raises the question of whether any portion of the accused trolley is physically "within" the conductor rail, or if it merely draws power from an external surface. The construction of "within" may be a central point of dispute.
  • Technical Questions: Claim 8 of the ’000 Patent recites a specific mechanical arrangement involving "a cam operably coupled to the pulley" and a sensor to detect the cam's pivoting. The complaint alleges the Accused Product meets this limitation but provides no specific technical details, schematics, or other evidence of this internal mechanism (Compl. ¶81). A key question will be what evidence demonstrates that the accused trolley contains and operates this claimed cam-based sensing mechanism.

’569 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a drive assembly including a plurality of wheels and a first motor, the first motor configured to move the plurality of wheels along a track to move the trolley relative to the track; The Accused Product allegedly has a drive assembly with wheels and a first motor for moving the trolley along its track. ¶99 col. 6:41-51
a patient support mechanism including an adjustable tether and a second motor...operable to adjust the amount of weight supported by the adjustable tether; The Accused Product is alleged to have a patient support mechanism with an adjustable tether and a second motor to adjust the amount of weight support. ¶100 col. 7:45-67
an electronic system electrically coupled to the first motor and the second motor, a portion of the electronic system in contact with at least one conductive surface of a powered conductor coupled adjacent to the track... The Accused Product includes an electronic system that allegedly supplies power to both motors, receiving that power from the adjacent powered conductor. ¶101 col. 6:11-20

Identified Points of Contention

  • Technical Questions: The claim requires distinct first and second motors for trolley movement and tether adjustment, respectively. A potential point of contention could be whether the Accused Product uses two separate motors for these functions as claimed, or if a single motor or a different configuration is used. The complaint provides a visual of the "drive assembly" but does not detail the motor configuration (Compl. p. 16).

V. Key Claim Terms for Construction

  • The Term: "disposed within the powered conductor" (’000 Patent, Claim 1)
  • Context and Importance: The infringement allegation centers on Aretech's adoption of a conductor rail power system. The location of the trolley's electrical contacts relative to the conductor is therefore critical. Practitioners may focus on this term because if the accused trolley only draws power from an external surface of the conductor rail, rather than having a component enter "within" it, there may be a strong non-infringement argument.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The complaint does not provide specific evidence from the patent for a broader reading. Parties seeking a broader interpretation might argue that "within" should not be limited to complete physical enclosure and could mean being within a zone of operation defined by the conductor.
    • Evidence for a Narrower Interpretation: Figure 10 of the related ’960 Patent shows a collector (2771) physically entering a channel in the power rail (2620), suggesting "within" implies at least partial physical entry or enclosure. The specification describes how "a conductive member of the electronic system 1700 can move (e.g., slide, roll, or otherwise advance)" along conductive surfaces "disposed within an inner portion of the tubular rail" (’960 Patent, col. 10:24-29). This language may support a narrower construction requiring the contact to occur inside the conductor's structure.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges inducement of infringement under 35 U.S.C. § 271(b), asserting that Aretech actively encourages infringement by providing instructional materials, training, and service contracts for the Accused Product (e.g., Compl. ¶¶89-90, 103-104). The complaint points to FAQ documentation, training programs, and service contracts as evidence of Aretech's intent (Compl. ¶¶90, 104).
  • Willful Infringement: The complaint alleges that infringement has been and continues to be willful. The basis for this allegation is Aretech's alleged knowledge of the asserted patents since at least January 21, 2020, evidenced by Aretech's submission of an Information Disclosure Statement (IDS) citing several of the patents-in-suit to the USPTO during the prosecution of its own, unrelated patent application (Compl. ¶¶58, 94, 108).

VII. Analyst’s Conclusion: Key Questions for the Case

  • A core issue will be one of claim scope: can the phrase "disposed within the powered conductor," which is supported by patent figures showing a collector entering a channel, be construed to read on the accused system where the trolley appears to move alongside the conductor rail? The viability of the infringement allegation for at least Claim 1 of the lead '000 Patent may depend heavily on the outcome of this construction.
  • A key evidentiary question will be one of technical proof: can Bioness provide evidence that the internal mechanics of the Accused Product, such as the specific two-motor configuration of the ’569 Patent or the cam-and-sensor mechanism of the ’000 Patent, function as claimed, beyond the general allegations made in the complaint?
  • The case will also turn on a factual narrative: does the evidence show that Aretech, a former distributor of Bioness's predecessor product, independently developed its ZeroG Version 3, or does it show that Aretech improperly incorporated Bioness’s patented conductor-rail technology after the parties' business relationship ended and Bioness launched its own successful product?