In the Matter of Certain...Dental Positioning Adjustment Appliances
Align Technology, Inc., designer and manufacturer of Invisalign aligners, is a pioneer in the field of clear, removable orthodontic appliances, and holds numerous patents. ClearCorrect’s competing aligners are made using digital data and treatment plans imported from Pakistan. The infringement case was heard at the ITC, where Align requested that a cease and desist order prohibit ClearCorrect from using the imported data to manufacture its aligners.
The Focal Point’s Role
The Focal Point worked with long-time clients at Paul Hastings to develop a technology tutorial and a comprehensive, interactive Flash presentation—including graphics, video, documents, claim charts, and other evidence—for a hearing in Washington DC.
The initial determination ruled that ClearCorrect infringes Align’s asserted patents and that the patents are valid. Furthermore, it recommended cease and desist orders prohibiting ClearCorrect from using the infringing digital data, models, and treatment plans to manufacture aligners.
Update: The initial determination has now been affirmed by the ITC.
US International Trade Commission
Administrative Law Judge Robert K. Rogers
The Focal Point’s Client