NY Orthopedic USA Inc v. Skil Care Holdings Inc

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: N.Y. Orthopedic USA, Inc. (New York)
  • Defendant: Skil-Care Holdings, Inc. (New York)
  • Plaintiff's Counsel: Bochner PLLC
• Case Identification: 1:26-cv-02409, S.D.N.Y., 06/04/2026
• Venue Allegations: Venue is alleged to be proper as Defendant is a New York corporation that resides in the district, has a regular and established place of business, and has committed alleged acts of infringement within the district.
• Core Dispute: Plaintiff alleges that Defendant's therapeutic heel boots infringe two patents related to pressure relief boots featuring a "sides-down, open door" design for wound inspection.
• Technical Context: The technology concerns medical devices for bedridden patients, specifically boots designed to offload pressure from the heel to prevent or treat pressure sores, while allowing for easy clinical access.
• Key Procedural History: Plaintiff sent a demand letter regarding its patent rights on January 21, 2026, which Defendant denied. Plaintiff filed an initial complaint on March 24, 2026, asserting one patent. After Defendant moved to dismiss, Plaintiff filed this First Amended Complaint, adding a second patent and rendering the motion to dismiss moot.

Case Timeline

Date	Event
2022-06-17	Earliest Priority Date for '144 and '070 Patents
2023-12-05	U.S. Patent No. 11,833,070 Issues
2023-12-06	Plaintiff Alleges Marking Patented Article with '070 Patent
2025-12-30	U.S. Patent No. 12,508,144 Issues
2026-01-21	Plaintiff Sends "First Demand Letter" to Defendant
2026-02-01	Defendant Responds to Demand Letter, Denying Infringement
2026-03-24	Plaintiff Files Original Complaint
2026-05-21	Defendant Files Motion to Dismiss
2026-06-04	Plaintiff Files First Amended Complaint

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

U.S. Patent No. 12,508,144 - SIDES-DOWN, OPEN DOOR PRESSURE RELIEF BOOT, issued December 30, 2025

The Invention Explained

• Problem Addressed: The patent addresses the challenge of treating pressure sores on the feet of bedridden patients Compl. ¶13 '144 Patent, col. 1:21-27 Conventional therapeutic boots make it difficult for practitioners to inspect and treat these sensitive wounds without applying painful and potentially harmful pressure during the process of gaining access '144 Patent, col. 2:1-15
• The Patented Solution: The invention is a therapeutic boot with a "sides-down, open door" design that provides unobstructed access to the patient's plantar surface (sole) '144 Patent, abstract It features an upper portion that cradles the leg and a "single segment" sole that is hingedly affixed to the upper, allowing it to rotate away from the foot into an open position for inspection and back to a closed position for protection, all without applying irritating pressure or rotational force to the wound site '144 Patent, col. 3:29-44
• Technical Importance: This design facilitates improved wound care by allowing for frequent, unobstructed, and pain-free visual inspection and treatment of pressure sores, which is critical for managing immobile patients and preventing complications '144 Patent, col. 2:16-24

Key Claims at a Glance

• The complaint asserts independent apparatus claims 1 and 8, and independent method claim 12 Compl. ¶25
• Independent Claim 1 recites a therapeutic boot with:
  • An upper configured to cover the medial and lateral sides of the leg, extend past the foot, and define a plantar surface.
  • A sole comprising a "single segment hingedly affixed to the upper," which is configured to rotate between open and closed positions and to "releasably attach to the upper."
  • Wherein the open position exposes the "entire plantar surface" and the closed position covers it. Compl. ¶28
• Independent Claim 8 recites a therapeutic boot with:
  • A first (medial), second (dorsal), and third (lateral) upper segment.
  • A "single sole segment hingedly affixed to at least one segment of the upper" and configured to rotate between open/closed positions and "releasably attach to at least one other segment of the upper." Compl. ¶48

U.S. Patent No. 11,833,070 - SIDES-DOWN, OPEN DOOR PRESSURE RELIEF BOOT, issued December 5, 2023

The Invention Explained

• Problem Addressed: The '070 patent addresses the same problem as its continuation, the '144 patent: the need to effectively offload pressure from a bedridden patient's heel while allowing easy, non-irritating access for wound care Compl. ¶15 '070 Patent, col. 1:21-27
• The Patented Solution: The solution is a therapeutic boot "configured to suspend a heel" '070 Patent, col. 12:60-61 It comprises an upper with a segment positioned under the dorsal side of the leg to elevate the heel, and a sole affixed to this segment by a hinge. The hinge allows the sole to rotate between an open position (exposing the plantar surface) and a closed position (covering it), enabling pressure-free access for inspection '070 Patent, abstract '070 Patent, col. 6:1-15
• Technical Importance: By combining heel suspension with an "open door" access mechanism, the invention provides a dual-function device for both preventing pressure sore formation and facilitating the treatment of existing sores '070 Patent, col. 1:56-62

Key Claims at a Glance

• The complaint asserts independent apparatus claims 1 and 11, and dependent claim 12 Compl. ¶96
• Independent Claim 1 recites a therapeutic boot "configured to suspend a heel" with:
  • An upper with a segment positioned under the dorsal side of the leg, configured to "elevate the heel" and "define a plantar surface."
  • A sole "affixed to the segment by a hinge that allows the sole to rotate about a heel end of the segment" between open and closed positions. Compl. ¶99
• Independent Claim 11 recites a therapeutic boot with:
  • A first (medial), second (dorsal), and third (lateral) upper segment.
  • A "sole segment affixed to the second upper segment by a hinge" that allows rotation between open and closed positions. Compl. ¶108

III. The Accused Instrumentality

Product Identification

• The complaint identifies Defendant's "Super Soft HeelCheck Boot" and "Adjustable Heel-Float™" as the Accused Products Compl. ¶2 Compl. ¶22

Functionality and Market Context

• The complaint alleges both products are therapeutic boots sold for use with bedridden patients Compl. ¶¶20-23 The "Super Soft HeelCheck Boot" is advertised as having an "Open Gate" that "Provides access for easy assessment without removing the boot" Compl. p. 4 The complaint includes an annotated reference guide for this product, highlighting its features. Compl. p. 4 The "Adjustable Heel-Float" is described as a product that "off-loads the heel by suspending it over an air cavity" to prevent and heal pressure ulcers Compl. p. 33
• The complaint alleges these products are sold and offered for sale in the United States through Defendant's website and other channels Compl. ¶¶18-23

IV. Analysis of Infringement Allegations

'144 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
A therapeutic boot comprising: an upper configured to: cover a medial side of a human patient's leg; cover a lateral side of the human patient's leg; ... define a plantar surface ...	The Accused Products are alleged to be therapeutic boots with an upper structure that covers the sides of the leg and defines a plantar surface. The complaint uses an annotated image of the HeelCheck Boot to show this feature. (Compl. p. 8).	¶¶31-36	col. 5:50-53
a sole, comprising a single segment hingedly affixed to the upper, the single segment configured to: rotate relative to the upper between an open position and a closed position; and releasably attach to the upper;	The Accused Products allegedly have a single flap-like sole that is hingedly affixed and rotates to open and close. The complaint provides a side-by-side visual of the HeelCheck Boot showing this rotation. (Compl. p. 14).	¶¶37-42	col. 3:29-34
wherein, in the open position, the single segment is positioned to expose the entire plantar surface, and in the closed position, the single segment is positioned to cover the entire plantar surface.	The complaint alleges the Accused Products' sole segment moves from a closed position covering the foot's bottom to an open position that fully exposes it for inspection. This is illustrated with annotated photographs. (Compl. p. 16).	¶¶43-46	col. 3:35-40

'070 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
A therapeutic boot configured to suspend a heel of a bedridden human patient's foot, the therapeutic boot comprising: an upper comprising a segment configured to be positioned under a dorsal side of a leg ... the upper configured to: elevate the heel; and define a plantar surface ...	The complaint alleges the "Heel-Float Boot" is configured to suspend a patient's heel, citing product literature stating it "off-loads the heel by suspending it over an air cavity." Compl. p. 33 An annotated diagram shows the upper segment under the leg. (Compl. p. 41).	¶¶100-103	col. 6:20-25
a sole affixed to the segment by a hinge that allows the sole to rotate about a heel end of the segment between an open position and a closed position;	The "Heel-Float Boot" is alleged to have a sole attached by a hinge that permits rotation. An annotated visual explicitly identifies the "hinge" and the rotational movement. (Compl. p. 43).	¶104	col. 6:1-5
wherein: in the open position, the sole is positioned to expose the plantar surface; and in the closed position, the sole is positioned to cover the plantar surface.	The "Heel-Float Boot" is alleged to be arrangeable in both an open position exposing the plantar surface and a closed position covering it. The complaint includes annotated diagrams illustrating both states. (Compl. p. 43; Compl. p. 44).	¶¶105-106	col. 6:6-15

• Identified Points of Contention:
  • Scope Questions: A central question may be whether the term "an upper" in Claim 1 of the '144 patent can be construed to cover the accused products' structure, which appears to be composed of multiple distinct components. This contrasts with Claim 8 of the same patent, which explicitly recites a "first", "second", and "third upper segment", potentially suggesting a narrower scope for Claim 1.
  • Technical Questions: The preamble of Claim 1 of the '070 patent requires a boot "configured to suspend a heel." While the "Adjustable Heel-Float" is explicitly marketed for this purpose, a factual dispute may arise as to whether the "Super Soft HeelCheck Boot" performs this function in the manner claimed, or if its primary function is merely providing inspection access.

V. Key Claim Terms for Construction

• The Term: "hinge" / "hingedly affixed"

  • Context and Importance: These terms appear in the independent claims of both asserted patents and are critical to the claimed mechanism of action. The accused products appear to use flexible fabric connections rather than traditional, rigid mechanical hinges. Practitioners may focus on this term because its construction will determine whether the accused products' flexible connection meets this limitation.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The patents do not provide an explicit definition of "hinge." The specification describes the function as allowing the sole to "rotate" between open and closed positions to provide access without applying pressure '144 Patent, col. 3:31-44 The figures in the patents appear to depict a flexible connection rather than a distinct mechanical part (e.g., '144 Patent, Fig. 2, items 203, 205), which may support construing "hinge" functionally to include any connection that enables the claimed rotation.
    • Evidence for a Narrower Interpretation: The patents consistently use the term "hinge" without further qualification, which may support an argument that the term should be given its plain and ordinary meaning of a structured mechanical joint. The specification also distinguishes between the "hinge" and other components like flaps and straps, which could suggest a hinge is a distinct element.

• The Term: "single segment" (referring to the sole)

  • Context and Importance: This term from Claim 1 of the '144 patent describes the sole. The infringement allegation relies on the main movable flap of the accused products meeting this limitation. Practitioners may focus on this term because if the accused "sole" is found to be constructed of multiple parts or if its attachment mechanisms are considered part of the sole, it may not satisfy the "single segment" requirement.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification describes the sole as the component that rotates to cover or expose the plantar surface '144 Patent, col. 3:29-40 This functional description could support an interpretation where "single segment" refers to the primary, unitary flap that performs this function, even if it has other items (like straps) attached to it.
    • Evidence for a Narrower Interpretation: The claim language specifies "a single segment." A defendant may argue this requires a monolithic construction. If the accused sole is assembled from multiple pieces of fabric or includes integrated, non-detachable straps, it could be argued that it is not a "single" segment.

VI. Other Allegations

• Indirect Infringement: The complaint alleges inducement of infringement for both patents. It asserts that Defendant, with knowledge of the patents, intentionally encouraged infringement by providing customers with instructions, user manuals, and product information (e.g., via its website) that explain how to use the Accused Products in the claimed manner Compl. ¶¶82-85 Compl. ¶¶118-120
• Willful Infringement: The complaint alleges willful infringement for both patents. For the '144 patent, willfulness is based on alleged knowledge from at least January 21, 2026, the date of Plaintiff's demand letter Compl. ¶94 For the '070 patent, willfulness is based on alleged knowledge from at least December 6, 2023, the date Plaintiff claims to have begun marking its own products pursuant to 35 U.S.C. § 287(a) Compl. ¶128 The complaint alleges Defendant continued its infringing activities despite this knowledge.

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

• A core issue will be one of definitional scope: can the terms "hinge" and "hingedly affixed," used throughout the patents, be construed to cover the flexible fabric connections that enable rotation in the accused boots, or do they require a more distinct, structured mechanical component?
• A second key question will be one of claim differentiation and scope: will the '144 patent's Claim 1, reciting "an upper," be interpreted broadly enough to read on the accused products' multi-part structure, or will the court find that only claims like Claim 8, which explicitly detail multiple "upper segments," can cover such a design?
• A final evidentiary question may turn on functional operation: does the accused "Super Soft HeelCheck Boot" actually perform the function of "suspending a heel" as required by the preamble of the '070 patent's Claim 1, or is there a functional mismatch between the product's operation and this specific claim limitation?