Align Technology Announces Enforcement of Permanent Injunctions Against Ortho Caps and Rasteder KFO for Patent Infringement
The permanent injunctions are based on the Düsseldorf Court's finding that Ortho Caps and Rasteder KFO separately infringe the German parts of European Patents EP 2 263 599, EP 2 263 598, and EP 1 369 091, and that Ortho Caps also infringes the German parts of European Patent EP 1 143 872. European Patents EP 2 263 599 and EP 2 263 598 cover the broad methods of digital treatment planning and manufacturing of aligners, while European Patent EP 1 143 872 covers the physical template for applying attachments. With regard to European Patent EP 1 269 091, which covers the providing of aligners in a single package, the Düsseldorf Court limited its finding of infringement to instances where a set of all aligners manufactured pursuant to a treatment plan are received by the dentist or orthodontist in a single package. Align is not enforcing the judgments based on European Patent EP 1 269 091 against Ortho Caps and Rasteder KFO.
The permanent injunctions require Ortho Caps and Rasteder KFO to 1) provide Align with an accounting of the sales for the infringing products; 2) pay any damages resulting from their infringement; and 3) cease and desist from making, offering to sell, and selling in
The judgments against Ortho Caps and Rasteder KFO were handed down notwithstanding the fact that each of the aforementioned patents have been opposed by Ortho Caps and Rasteder KFO in oppositions pending before the European Patent Office (EP 2 263 599, EP 2 263 598, EP 1 143 872) or invalidity suits (EP 1 369 091).
Ortho Caps and Rasteder KFO must use a process that does not infringe the patents on which the enforced judgments are based to continue the sales of aligners in
Align also asserted the German parts of European Patents EP 2 295 004 and EP 0 989 828 against Ortho Caps and Rasteder KFO. These cases were stayed by the Düsseldorf Court in view of oppositions (EP 2 295 004) and invalidity suits (EP 0 989 828) pending against the patents. A first instance decision on these oppositions and invalidity suits is expected in mid to late 2014. Align is confident that all patents will be upheld in oppositions and invalidity suits respectively in their asserted form.
Align has offered to help minimize treatment disruptions for Ortho Caps' and Rasteder KFO's customers and their patients by allowing Ortho Caps and Rasteder KFO to complete their in-progress clear aligner cases manufactured in violation of Align's patents for which they received an impression or scan and a binding order from the customer prior to
"We are pleased by the judge's finding that several permanent injunctions be entered against both Ortho Caps and Rasteder KFO," said
"Unfortunately, there are numerous doctors and their patients who may be affected by Ortho Caps' and Rasteder KFO's infringement of Align patents," continued
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