ITC Institutes Section 337 Investigations Based on Align Technology Claims of Scanner-Related 3Shape Patent Infringement
SAN JOSE, CA–(Marketwired – December 18, 2017) – Align Technology, Inc. (NASDAQ: ALGN) announced today that the United States International Trade Commission (ITC) has voted to institute two investigations of alleged patent infringement by 3Shape A/S of Copenhagen, Denmark and 3Shape Inc. of Warren N.J. (collectively “3Shape.”) The ITC’s decision is based on formal complaints filed by Align last month.
In two complaints filed with the ITC on November 14, 2017 and amended on December 4, 2017, Align asserts that 3Shape violates U.S. trade laws by selling for importation and importing its infringing Trios intraoral scanners, OrthoAnalyzer and Dental System software. The first ITC complaint includes six Align patents and alleges that 3Shape’s Trios intraoral scanner infringes four Align patents related to confocal lens scanning technologies and that 3Shape’s software infringes two Align patents related to software-related functionalities. The second ITC complaint includes seven Align patents and alleges that 3Shape’s Trios intraoral scanner infringes four Align patents related to providing three-dimensional color scanned images and that 3Shape’s software infringes three patents related to digitally modeling the deformation of gum tissue within a scanned image. Align’s complaints request the ITC institute immediate investigations and ultimately issue a cease and desist order prohibiting 3Shape from importing infringing Trios intraoral scanners and related software products into the US. The ITC may issue exclusionary orders and/or cease and desist orders if the Commission determines that 3Shape has violated even one of the multiple patent claims included in Align’s complaints.
Within the next two months, the assigned administrative law judges will set target dates for completing the investigations.
About Align Technology, Inc.
Align Technology designs and manufactures the Invisalign® system, the most advanced clear aligner system in the world, and iTero® intraoral scanners and services. Align’s products help dental professionals achieve the clinical results they expect and deliver effective, cutting-edge dental options to their patients. Visit www.aligntech.com for more information.
For additional information about the Invisalign system or to find an Invisalign provider in your area, please visit www.invisalign.com. For additional information about iTero digital scanning system, please visit www.itero.com.
Align Technology, Inc.
Ethos Communication, Inc.
Shannon Mangum Henderson