ClearCorrect LLC, Round Rock, Texas, says that it has received notice that the United States International Trade Commission (ITC) reversed, in ClearCorrect’s favor, the majority of the Administrative Law Judge’s (ALJ) Initial Determination that ClearCorrect infringed 37 claims across 6 patents from Align Technology Inc. The company states that the Commission found wholly no infringement of two of the patents and no infringement of most of the remaining claims at issue.
Align Technology filed an ITC complaint against ClearCorrect on March 1, 2012, asserting that ClearCorrect’s aligners are made using digital data and treatment plans imported from Pakistan that infringe Align’s patents.
“We’re pleased that the ITC reversed the majority of the adverse findings of the ALJ’s Initial Determination, and we’re confident the remainder will be reversed during the appeal process,” said Mike Myers, ClearCorrect legal counsel. “The Commission conceded that the issue of whether data constitutes an ‘article’ within its jurisdiction was a difficult one. This issue will obviously be decided on appeal and ClearCorrect agrees with Commissioner David Johanson that intangible data is not within the definition of ‘article’.” Myers added.
Regardless of the appeal, ClearCorrect says it is fully prepared to comply with the ITC’s order while it continues to service customers and sell its product.
“We’ve spent months streamlining our process and making the necessary changes to comply with whatever the Commission might order so that it wouldn’t impact our business,” said Jarrett Pumphrey, ClearCorrect CEO. “We’re all set to continue servicing our providers and making our product well into the future.”
