By Eric Schweibenz
On April 8, 2015, ALJ David P. Shaw issued Order No. 76 in the enforcement proceeding relating to Certain Incremental Dental Positioning Appliances and Methods of Producing Same (Inv. No. 337-TA-562).

By way of background, the International Trade Commission ("the Commission") instituted the underlying investigation on February 9, 2006 based on Align Technology, Inc.'s ("Align") complaint of January 11, 2006.  The underlying complaint named OrthoClear, Inc., OrthoClear Holdings, Inc., and OrthoClear Pakistan Pvt, Ltd. (collectively, "OrthoClear") as Respondents.  The investigation was terminated based on the parties' joint motion, and the presiding ALJ entered a consent order, which the Commission elected not to review on November 13, 2006.

On March 1, 2012, Align filed an enforcement complaint against ClearCorrect Operating, LLC of Houston, Texas, ClearCorrect Pakistan (Private), Ltd. of Pakistan, Mr. Mudassar Rathore c/o ClearCorrect Pakistan, Mr. Waqas Wahab c/o ClearCorrect Pakistan, Mr. Nadeem Arif c/o ClearCorrect Pakistan, and Dr. Asim Waheed c/o ClearCorrect Pakistan (collectively, "ClearCorrect") for alleged violations of the consent order.  See our March 5, 2012 post for more details on the enforcement complaint.

Furthermore, a separate violation proceeding (Inv. No. 337-TA-833) was instituted at approximately the same time as the enforcement proceeding, naming two of the same ClearCorrect entities.  See our March 2, 2012 post for more details on Align's complaint.  ALJ Robert K. Rogers, Jr. issued an Initial Determination ("ID") in the investigation and recommended issuing cease and desist orders directed to ClearCorrect.  See our June 24, 2013 post for more information on the ID.  After review by the Commission, both Alight and ClearCorrect appealed various aspects of the Commission's opinion to the Federal Circuit.

According to the Order, ALJ Shaw granted a joint motion filed by Align and ClearCorrect to terminate the investigation based on a termination agreement.