Align Technology Sues 3Shape in Texas Federal Court for Infringement of 7 Additional Patents

Align Technology, Inc. (Nasdaq: ALGN) today announced it has filed a new lawsuit against 3Shape A/S and 3Shape Trios A/S (“3Shape”) in the U.S. District Court for the Western District of Texas alleging infringement of seven additional Align United States Patents: U.S. Patent Nos. 9,101,433, 10,728,519, 10,750,151, and 10,750,152, entitled “Method and Apparatus for Colour Imaging a Three-Dimensional Structure”; US Patent Nos. 10,791,934 and 10,791,936, entitled “Methods and Systems for Creating and Interacting With Three Dimensional Virtual Models”; and U.S. Patent No. 10,709,527, entitled “Method of Manipulating a Dental Virtual Model, Method for Creating Physical Entities Based on a Dental Virtual Model Thus Manipulated, and Dental Models Thus Created.” The lawsuit alleges that 3Shape’s intraoral scanners, including the latest Trios 4, and associated software products infringe Align’s patents.

“Align has brought this new lawsuit to protect its intellectual property rights and stop additional infringing acts by 3Shape,” said Julie Coletti, Align Technology senior vice president, chief legal and regulatory officer. “This new case includes several recently granted Align patents, and addresses 3Shape’s infringement of those patents by core features of 3Shape’s Trios scanners and related software. Align continues to expand its intellectual property portfolio and will periodically evaluate and consider assertion of additional patents against anyone infringing the intellectual property that results from our ongoing investment in innovation, including 3Shape if appropriate.”

In April 2020, an Administrative Law Judge (“ALJ”) with the United States International Trade Commission (“ITC”) determined that 3Shape’s Trios scanners infringe two of Align’s patents and found a violation of Section 337. The ALJ recommended an exclusion order and cease and desist order be entered against 3Shape’s unlawful importation of its intraoral scanners. The ITC has set November 2, 2020 as its target date for completion of its investigation and issuance of a Final Determination.

Including this latest lawsuit, Align is asserting over 30 patents against 3Shape across 6 U.S. Federal District Court cases and the ITC investigation.

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 exocad 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.