In November 2015, the United States Court of Appeals for the Federal Circuit cleared ClearCorrect LLC of any liability in the United States International Trade Commission (ITC) investigation relating to Align Technology Inc’s claims of patent infringement. In March, the Court of Appeals denied the ITC and Align’s petitions for rehearing en banc. The ITC and Align have now elected not to appeal that decision.
Several of Align’s patents remain at risk of cancellation, as the United States Patent and Trademark Office continues its inter partes review and ex parte reexaminations initiated by ClearCorrect.
Now that the ITC decision is finalized, Align’s sole remaining lawsuit against ClearCorrect is expected to resume in Texas federal court.