The lawsuit, filed in Texas federal court, alleges that 3Shape’s intraoral scanners, including the latest TRIOS 4, and associated software infringe on Align’s patents. 

Align Technology Inc announced it has filed a new lawsuit against 3Shape A/S and 3Shape TRIOS A/S in the U.S. District Court for the Western District of Texas. The lawsuit alleges infringement of seven additional Align United States Patents, specifically that 3Shape’s intraoral scanners, including the latest TRIOS 4, and associated software infringement of Align’s patents. 

Four of the seven additional patents relate to color imaging a three-dimensional structure, while another two relate to creating and interacting with three dimensional virtual models. The seventh patent is related to a method of manipulating dental virtual models. 

“Align has brought this new lawsuit to protect its intellectual property rights and stop additional infringing acts by 3Shape,” said Julie Coletti, Align Technology senior vice president, chief legal and regulatory officer. “This new case includes several recently granted Align patents, and addresses 3Shape’s infringement of those patents by core features of 3Shape’s Trios scanners and related software. Align continues to expand its intellectual property portfolio and will periodically evaluate and consider assertion of additional patents against anyone infringing the intellectual property that results from our ongoing investment in innovation, including 3Shape if appropriate.”

In April 2020, an Administrative Law Judge with the United States International Trade Commission (ITC) determined that 3Shape’s Trios scanners infringe two of Align’s patents and found a violation of Section 337. The judge recommended an exclusion order and cease and desist order be entered against 3Shape’s unlawful importation of its intraoral scanners. The ITC has set November 2, 2020 as its target date for completion of its investigation and issuance of a Final Determination.

Including this latest lawsuit, Align is asserting over 30 patents against 3Shape across 6 U.S. Federal District Court cases and the ITC investigation.