Administrative Law Judge Determines 3Shape Infringes Three Align Patents; Initial Determination Declines to Find Section 337 Violation
- Align Will Seek Commission Review of ALJ’s Initial Determination
- ALJ Declines to Address Two Other Align Patents because of Delay Resulting from U.S. Government Shutdown
“We are pleased that the Initial Determination confirms our belief that 3Shape infringes Align’s core patents regarding color intraoral scanning technology. As always, we remain committed to protecting our significant investment in innovation.” said
The ALJ declined to make any findings regarding two other patents raised by Align. These two patents in question are scheduled to expire after the original target date for conclusion of the investigation. Because of the government shutdown, the target date for conclusion of the investigation was extended and the two patents will expire prior to that date, thus greatly diminishing the likelihood of any remedy at the ITC.
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. Respondents may also petition for review of the Initial Determination. The Commission will then decide whether to review portions of or the entire Initial Determination. Once the issues under review have been briefed, the Commission may affirm, set aside, or modify the portions of the Initial Determination under review. These conclusions will be contained in a Final Determination which is currently scheduled to be issued by the Commission by
The parallel federal district court case filed by Align in
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|Align Technology||Zeno Group|
|Madelyn Homick||Sarah Johnson|
|(408) 470-1180||(828) 551-4201|
Source: Align Technology, Inc.