Align Technology Inc, San Jose, Calif, announced that the United States International Trade Commission (ITC) voted to institute a third investigation (Inv. No. 337-TA-1144) of alleged patent infringement by 3Shape, Copenhagen, Denmark.
The ITC’s decision is based on a formal complaint filed by Align on December 10, 2018 in which Align asserts that 3Shape violates U.S. trade laws through unfair competition by selling for importation and importing the infringing scanners and related software.
Align’s complaint requests the ITC institute an immediate investigation and ultimately issue cease and desist orders and an exclusion order prohibiting the importation into the United States of 3Shape’s infringing products if the Commission determines that 3Shape has infringed even one of the multiple patent claims included in Align’s complaint.
Within the next 2 months, an administrative law judge will be assigned and the assigned judge will set a target date for completion of the investigation.