A US District Court denied a request by Ormco, Orange, Calif, to halt the sale of Ortho Classic’s patent-pending H4 self-ligating bracket. Ortho Classic, McMinnville, Ore, introduced the H4 bracket in early 2013.
The court ruled on August 9, 2013, that Ormco “failed to make the showing necessary to justify a preliminary injunction.” The US District Court also concluded that Ormco failed to meet its burden to establish a likelihood of success in its patent infringement lawsuit against Ortho Classic.
On August 22, 2013, Ormco submitted a letter to the US District Court conceding that final judgment should be entered in favor of World Class Technology, the parent company of Ortho Classic. Ormco conceded that the H4 bracket does not violate five named patents it holds. The letter to the Court further concedes that the Court should enter final judgment against Ormco on its counterclaim that the H4 bracket infringes the ‘896 patient, if the Court continues to adopt World Class Technology’s defense.
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