Align Provides Update on Patent Infringement Case Against 3Shape
May 03 2019 - 4:00PM
Align Technology, Inc. (NASDAQ: ALGN) announced today that on April
26, 2019 an Administrative Law Judge (ALJ) with the United States
International Trade Commission (ITC) issued an Initial
Determination regarding her investigation of 3Shape’s infringement
of Align’s patents. While the ALJ determined that 19 of
the 20 patent claims Align asserted are valid, she did not find
that 3Shape infringed these patents based on her construction of
the relevant claim terms, and as a result declined to find a
violation of Section 337. The ALJ did find, however, that an
order excluding the accused 3Shape products from import into the
United States is appropriate should the full International Trade
Commission find a violation occurred; accordingly, Align will seek
review of the Initial Determination by the full Commission.
“While we are disappointed that the ALJ declined
to find a Section 337 violation, we are pleased that the Initial
Determination confirms the validity of the vast majority of the
claims we asserted against 3Shape,” said Roger George, Align senior
vice president and general counsel. “The ALJ’s ruling is not final
and we will seek appropriate review. We remain committed to
protecting our ongoing investment in technologies and products that
help our customers and their patients, and to preventing the
unauthorized use of our intellectual property.”
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. 3Shape may also petition for review of the
Initial Determination. The Commission will then decide
whether to review any portion of the Initial Determination.
At present, Align has three ITC cases and six
Federal District Court patent infringement cases pending against
3Shape. One ITC case is set for hearing in October 2019 and
two District Court cases are set for trials in 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.
Align Technology
Madelyn Homick
(408) 470-1180
mhomick@aligntech.com
Zeno Group Sarah Johnson(828)
551-4201sarah.johnson@zenogroup.com
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