Align Technology, Inc.
ALGN today announced that it has received notice that the
International Trade Commission ("ITC") Administrative Law Judge (ALJ)
has issued his Initial Determination finding that the ClearCorrect
entities (ClearCorrect Operating, LLC, based in Houston, Texas and
ClearCorrect Pakistan (Private) Ltd., based in Lahore, Pakistan)
infringe all seven of the patents asserted by Align in the ITC
investigation. The ALJ found that all 40 of the asserted claims
contained in the seven asserted patents are valid, and that
ClearCorrect infringes 37 of the 40 claims. The notice does not
include the recommended remedy, but Align requested that in the event
the ALJ found infringement, a cease and desist order be entered by
the ITC prohibiting ClearCorrect from using the digital data and
treatment plans prepared by ClearCorrect Pakistan to manufacture
ClearCorrect aligners. The Initial Determination, which will include
a recommended remedy, is one of the final steps in the resolution of
the ITC action brought by Align to remedy ClearCorrect's infringement
of Align's patented processes for designing and manufacturing clear
plastic aligners. Align expects to receive the ALJ's complete Initial
Determination later this week.
The final decision in this case, based on the deliberation of the
full ITC Commission, is expected by September 4, 2013. Align's
federal court patent infringement case in Houston against
ClearCorrect Operating remains stayed pending the ITC process and
remains an available remedy to Align should ClearCorrect attempt to
use domestic technicians to provide its digital treatment services.
"The presiding ALJ's recommendation is an important step in the
vindication of our patent rights against this persistent foreign
infringement. We are extremely pleased with this result," said Roger
E. George, Align Technology vice president and general counsel. "In
addition, the attorneys at the ITC's Office of Unfair Import
Investigations, who examined this case separately, agree with Align
and the ALJ that the patents are valid and infringed by ClearCorrect.
We believe the ITC Commission will agree with the ITC Staff, the
presiding ALJ, and Align that the patents at issue are valid and
infringed by ClearCorrect."
Mr. George went on to say, "We remain committed to protecting our
intellectual property rights. We support fair competition, but
competitors should be required to compete on the basis of their own
original technology."
Align initially 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. Align also has a patent infringement action pending
against ClearCorrect in the United States District Court for the
Southern District of Texas alleging infringement of nine Align
patents, including four additional patents not included in the ITC
litigation.
About Align Technology, Inc.
Align Technology designs, manufactures
and markets Invisalign, a proprietary method for treating
malocclusion, or the misalignment of teeth. Invisalign corrects
malocclusion using a series of clear, nearly invisible, removable
appliances that gently move teeth to a desired final position.
Because it does not rely on the use of metal or ceramic brackets and
wires, Invisalign significantly reduces the aesthetic and other
limitations associated with braces. Invisalign is appropriate for
treating adults and teens. Align Technology was founded in March 1997
and received FDA clearance to market Invisalign in 1998.The
Invisalign product family includes Invisalign, Invisalign Teen,
Invisalign Assist, Invisalign Express 10, Invisalign Express 5,
Invisalign Lite, and Vivera Retainers. To learn more about Invisalign
or to find an Invisalign trai
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