3Shape announced that the company has received a favorable final ruling from the U.S. International Trade Commission (ITC) in the second patent infringement complaint filed by Align Technology against 3Shape in November 2017.
According to a press release from the company, on November 22, 2019, the ITC issued a final decision confirming ALJ Clark S. Cheney’s opinion in Investigation No. 1091 from March 1, 2019 that 3Shape did not commit any unfair acts as asserted by Align. This is the second time the ITC has provided a favorable outcome for 3Shape. Earlier this year, on August 20, the ITC terminated in its entirety Investigation No. 1090, which Align also filed against 3Shape. The underlying determination from ALJ Dee Lord in Investigation No. 1090 found that 3Shape did not infringe any valid Align patents.
As 3Shape puts it, “Align’s attempts to get an import ban through the two ITC cases Align initiated in November 2017 have thus failed.”
“We are pleased that the Commission has agreed with Judge Cheney’s opinion and has upheld the Initial Determination finding no violation by 3Shape. Following 3Shape’s favorable outcomes in both the first and the second ITC complaints Align filed in November 2017, this is yet another victory for 3Shape, innovation, and dental professionals,” says Tais Clausen, co-CEO and co-founder of 3Shape.
Additionally, 3Shape has filed two patent infringement complaints with the District Court of Delaware to address Align’s infringement of a number of 3Shape patents, 15 petitions for IPRs with the United States Patent and Trademark Office (USPTO) to address the invalidity of a number of Align patents, and an antitrust lawsuit with the District Court of Delaware to address Align’s abuse of monopoly power.
According to 3Shape, in 14 of the 15 petitions for IPRs filed, the USPTO Board has decided to initiate review of the challenged Align patents.