International Trade Commission Affirms ALJ Finding That 3Shape Infringes Three Align Patents but Declines to Find Section 337...
November 27 2019 - 11:01AM
Align Technology, Inc. (NASDAQ: ALGN) announced today that on
November 22, 2019 the United States International Trade Commission
(ITC) issued an Opinion reviewing an Administrative Law Judge’s
Initial Determination in his investigation of 3Shape’s infringement
of Align’s patents. Like the ALJ, the Commission Opinion determined
that 3Shape infringes four claims from three Align patents, but
declined to find a violation of Section 337 because, based on the
ALJ’s adopted claim construction, it found that Align’s own
products do not practice the claims (a requirement unique to the
ITC) and that certain claims are invalid.
“While we are pleased that both the ALJ and now
the full Commission have found that 3Shape infringes multiple
claims from multiple Align patents, we are disappointed that the
Commission decision results in no exclusion order for 3Shape’s
infringement. We are considering all appropriate options, including
a possible appeal to the Federal Circuit,” said Julie Coletti,
senior vice president, chief legal and regulatory officer. “The
Commission decision confirms our belief that 3Shape infringes
Align’s core patents regarding color intraoral scanning technology.
As always, we remain committed to protecting our significant
investment in innovation.”
The parallel federal district court case filed
by Align in Delaware, alleging infringement of the same patents but
where the requirement that Align practice the patents does not
apply, will remain stayed pending any related appeals. Five other
patent infringement cases in Delaware federal district court
alleging infringement of different Align patents not included in
this ITC investigation are not stayed and are in active litigation,
with the first trials scheduled for April and June 2020.
About Align Technology,
Inc.Align Technology designs and manufactures the
Invisalign® system, the most advanced clear aligner system in the
world, and iTero® intraoral scanners and services. Align's products
help dental professionals achieve the clinical results they expect
and deliver effective, cutting-edge dental options to their
patients. Visit www.aligntech.com for more information.
For additional information about the Invisalign
system or to find an Invisalign doctor in your area, please visit
www.invisalign.com. For additional information about the iTero
digital scanning system, please visit www.itero.com.
Align
TechnologyMadelyn Homick(409)
470-1180mhomick@aligntech.com |
Zeno
GroupSarah Johnson(828) 551-4201sarah.johnson@zenogroup.com |
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