ITC Administrative Law Judge Finds 3Shape Infringes Align’s Scanner-Related Patents
May 01 2020 - 3:10PM
Align Technology, Inc. (NASDAQ: ALGN) today announced that on April
30, 2020 an Administrative Law Judge (ALJ) with the United States
International Trade Commission (ITC) issued an Initial
Determination regarding her investigation of 3Shape A/S, 3Shape
Trios A/S, and 3Shape Inc.’s (“3Shape”) infringement of Align’s
patents. The ALJ determined that 3Shape infringes 7 of the 9 patent
claims asserted by Align, found valid 6 of the 9 claims asserted by
Align, and found a violation of Section 337 stemming from 3Shape’s
infringement of 4 claims in 2 of Align’s asserted patents. The ALJ
recommended an exclusion order and cease and desist order be
entered against 3Shape’s unlawful importation.
“We are pleased that the Initial Determination
confirms the intellectual property rights we asserted against
3Shape,” said Julie Coletti, Align Technology senior vice
president, chief legal and regulatory officer. “Our continuing
investment in innovation enables technologies and products that
help our doctor customers and their patients. We remain committed
to protecting this investment and preventing the unauthorized use
of our intellectual property as part of our global strategy.”
The Initial Determination is now subject to
review by the Commissioners at the ITC. Align may file a contingent
petition for review of any findings it believes are incorrect.
3Shape may also petition for review of the Initial Determination.
The Commission will then decide whether to review portions of or
the entire Initial Determination.
The claims filed by Align in the U.S. District
Court in Delaware alleging infringement of the same patents, remain
stayed pending the Final Determination and any related appeals.
Align intends to pursue damages and permanent injunctions in the
U.S. District Court. Furthermore, Align has asserted an additional
26 patents against 3Shape in 6 U.S. District Court cases.
About Align Technology,
Inc.Align Technology designs and manufactures the
Invisalign® system, the most advanced clear aligner system in the
world, iTero® intraoral scanners and services, and CAD/CAM
software. Align has helped treat over 8 million patients with the
Invisalign system and is driving the evolution in digital dentistry
with the iTero intraoral scanner and exocad CAD/CAM software −
modernizing today’s practices by enabling enhanced digital
orthodontic and restorative workflows to improve patient outcomes
and practice efficiencies. 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. For additional
information about exocad dental CAD/CAM offerings and a list of
exocad reseller partners, please visit www.exocad.com.
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Align
TechnologyMadelyn Homick(408) 470-1180mhomick@aligntech.com |
Zeno
Group Sarah Johnson(828)
551-4201sarah.johnson@zenogroup.com |
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