Administrative Law Judge Determines 3Shape Infringes Three Align Patents; Initial Determination Declines to Find Section 337 ...
March 07 2019 - 4:00PM
Align Technology, Inc. (NASDAQ: ALGN) announced today that on March
1, 2019 an Administrative Law Judge (ALJ) with the United States
International Trade Commission (ITC) issued an Initial
Determination regarding his investigation of 3Shape’s infringement
of Align’s patents. The ALJ 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 claim
construction, he found that Align’s own products do not practice
the claims (a requirement unique to the ITC) and that certain
claims are invalid. Notably, the ALJ also found that an order
excluding the accused 3Shape products from import into the United
States is appropriate should the Commission, upon its further
review of the Initial Determination, find a violation occurred.
“We are pleased that the Initial Determination
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.” said Roger George, senior vice president, chief legal
and regulatory officer, general counsel and secretary. “Far
from rejecting Align’s claims, the ALJ found that 3Shape infringes
Align’s patents, but declined to find a Section 337
violation. To that end, we will seek review of the claim
construction and related validity rulings that prevented the ALJ
from recommending exclusion of 3Shape’s infringing products from
the United States, a remedy the Initial Determination found would
be appropriate."
The ALJ declined to make any findings regarding
two other patents raised by Align. These two patents in
question are scheduled to expire after the original target date for
conclusion of the investigation. Because of the government
shutdown, the target date for conclusion of the investigation was
extended and the two patents will expire prior to that date, thus
greatly diminishing the likelihood of any remedy at the ITC.
The Initial Determination is now subject to
review by the Commissioners at the ITC. Align intends to
petition for review of the findings it believes are
incorrect. Respondents may also petition for review of the
Initial Determination. The Commission will then decide whether to
review portions of or the entire Initial Determination. Once
the issues under review have been briefed, the Commission may
affirm, set aside, or modify the portions of the Initial
Determination under review. These conclusions will be
contained in a Final Determination which is currently scheduled to
be issued by the Commission by July 1, 2019.
The parallel federal district court case filed
by Align in Delaware, alleging infringement of the same patents,
remains stayed pending the Final Determination and any related
appeals. The Delaware federal district court cases alleging
infringement of different patents not included in the ITC
investigations are not stayed and are being actively litigated,
with trials scheduled for the first half of next year.
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.
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Align Technology |
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Zeno Group |
Madelyn Homick |
|
Sarah Johnson |
(408) 470-1180 |
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(828) 551-4201 |
mhomick@aligntech.com |
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sarah.johnson@zenogroup.com |
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