US judge finds 3Shape infringes Align Technology patents
Align Technology has 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 seven of the nine patent claims asserted by Align, found valid six of the nine claims asserted by Align, and found a violation of Section 337 stemming from 3Shape’s infringement of four claims in two 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 unauthorised use of our intellectual property as part of our global strategy.”
• ALJ recommends exclusion and cease and desist order against infringing 3Shape products
• Initial Determination finds 3Shape infringes 7 of the 9 claims asserted by Align, and that 6 of the 9 asserted claims are valid
• Finds violation of Section 337 and recommends import exclusion of infringing 3Shape products
• Recommends commission issue cease and desist order directed to the sale of infringing 3Shape products
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 six U.S. District Court cases.
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, and has helped treat over eight million patients with the Invisalign system.