International Trade Commission Reverses ALJ Finding That 3Shape Indirectly Infringes Align Patents
Align Technology, Inc. (NASDAQ: ALGN) today announced that
the International Trade Commission (ITC) issued its
notice of final determination in an investigation initiated
by Align against 3Shape A/S, 3Shape TRIOS A/S, and 3Shape,
Inc., modifying and reversing parts of the initial determination of
the Administrative Law Judge (ALJ) which found 3Shape
infringed two of Align’s patents and found a violation of Section
337 of the Tariff Act of 1930. The ALJ recommended an exclusion
order and cease and desist order be entered against 3Shape’s
The Commission found that there was no violation of Section 337.
The Commission found that 3Shape had infringed certain Align
patent claims, but found those claims invalid. The Commission
further did not disturb the ALJ’s findings that two other Align
patents were valid, but reversed the ALJ’s finding that 3Shape had
indirectly infringed those patents.
"We respectfully disagree with the Commission’s reversal of the
Administrative Law Judge’s determination and are evaluating our
next steps in this matter, including possible reconsideration by
the full Commission and/or an appeal to the Federal Circuit.
We remain steadfast in our commitment to protecting our
patented inventions and are proud of our history of innovation, our
over two billion dollars in investments in technology and the
benefit that our innovations bring to patients and doctors,"
said Julie Coletti, Align Technology senior vice president,
chief legal and regulatory officer. “The ITC is a venue where
domestic industry seeks exclusion orders prohibiting importation of
infringing goods. We have also asserted more than 25 patents across
6 U.S. District Court cases, where we are seeking damages and
injunctive relief for 3Shape’s infringement.”
Number: 650-862-1657Email: firstname.lastname@example.org