Align Technology Inc, San Jose, Calif, has filed six patent infringement lawsuits asserting 26 patents against 3Shape A/S, Copenhagen, Denmark. The lawsuits assert that 3Shape’s TRIOS® intraoral scanning system and Dental System software infringe Align Technology patents.
Align filed two Section 337 complaints with the U.S. International Trade Commission (ITC) alleging that 3Shape violates U.S. trade laws by selling for importation and importing its infringing TRIOS intraoral scanning system and Dental System software. Align’s ITC complaints seek cease and desist orders and exclusion orders prohibiting the importation of 3Shape’s TRIOS scanning system and Dental System software products into the United States.
Align also filed four separate complaints in the U.S. District Court for the District of Delaware alleging patent infringement by 3Shape’s TRIOS intraoral scanning system and Dental System software. All of these district court complaints seek monetary damages and injunctive relief against further infringement.
Commenting on Align’s patent infringement lawsuits against 3Shape, Roger E. George, vice president, legal affairs and general counsel for Align, said, “Over the past 20 years, Align has been at the forefront of digital dentistry evolution, and it is committed to continued innovation and technology development to facilitate the adoption of digital dentistry. The 26 patents we are asserting are integral components of our broad patent portfolio and represent key inventions and technologies fundamental to Align’s digital dentistry strategy. Align is a leader in the intraoral scanning systems and digital dentistry market and we will not allow competitors to copy our products and their features or infringe our patents. We will vigorously defend our intellectual property, whether it relates to clear aligners, dental scanners, or digital dentistry more broadly. We have strong legal claims against 3Shape and believe we will succeed both at the ITC and in the federal district court.”
In a press release, 3Shape called the lawsuit and infringement claims “completely unfounded and without merit.” The company added that it “will vigorously defend itself against such claims.”