ClearCorrect LLC, Houston, a manufacturer of clear aligners, has responded to San Jose, Calif-based Align Technology’s latest complaints alleging patent infringement on its Invisalign® clear aligners.

In one of the two complaints filed with the US International TradeCommission (ITC), Align Technology alleges that ClearCorrect isinfringing on seven patents related to methods of planning andimplementing orthodontic treatment with aligners. Several of thepatents-in-issue overlap patents from Align Technology’s federal lawsuitfiled last year against ClearCorrect.

“We’re certain we don’t infringe any valid patents,” said JarrettPumphrey, CEO of ClearCorrect. “It doesn’t matter how many times theysue us or where they sue us—that won’t change. The only thing thischanges is who we’ll be proving that to.”

ClearCorrect’s legal counsel, Mike Myers, added that the companywelcomes the ITC action. “The ITC process is generally faster, soClearCorrect can make its case sooner rather than later. ClearCorrecthas always maintained that orthodontists taught Align how to straightenteeth, not the other way around. In its first two cases, Align was neverable to show that ClearCorrect does anything other than practice thevast prior art developed by orthodontists over the last 70 years, whichClearCorrect is free to do. The new filings should allow ClearCorrect topromptly demonstrate the scope of its work and thereby continue tofocus on servicing its customers distraction-free.”

The second complaint seeks enforcement of a Consent Order granted in2006 from an ITC action between Align and OrthoClear. ThoughClearCorrect is not OrthoClear, Align is asking the ITC to recognizethem as the same company and enforce the Consent Order.

Align alleges that certain employees of ClearCorrect Pakistan(Private) Ltd, a company started in Lahore, Pakistan, to support thedomestic and international growth of ClearCorrect, are in violation ofthe Consent Order. Align contends that those employees previously workedfor OrthoClear and are now engaging in alleged “infringing activities.”According to ClearCorrect, the employees of ClearCorrect Pakistan usethe process developed in the United State by ClearCorrect, which doesnot infringe on any of Align’s valid patents.

“Align has been trying to convince doctors that we’re OrthoClear foryears. This is just more of the same,” Pumphrey said. “The truth is, aswe’ve planned and positioned for international growth, we found amotivated and passionate workforce in Pakistan to support it—just likeAlign did, once upon a time. But that doesn’t make us OrthoClear orAlign. We’re ClearCorrect.”

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