14
Nov
By Eric Schweibenz and Alex Englehart
On November 14, 2017, Align Technology, Inc. of San Jose, California (“Align”) filed a complaint (part 1 and part 2) requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that 3Shape A/S of Denmark and 3Shape, Inc. of Warren, New Jersey (collectively, “3Shape”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain color intraoral scanners and related hardware and software that infringe one or more claims of U.S. Patent Nos. 8,363,228 (the ’228 patent), 8,451,456 (the ’456 patent), 8,675,207 (the ’207 patent), 9,101,433 (the ’433 patent), 6,948,931 (the ’931 patent), and 6,685,470 (the ’470 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to color intraoral scanners and related hardware and software that provide a digital impression of a patient’s dentition, and related dental and orthodontic software design tools. In particular, the ’228, ’456, ’207, and ’433 patents relate to a system with a hand-held scanning device, for determining the surface topology and associated color of a three-dimensional structure, such as a patient’s dentition. The ’931 patent relates to a method for developing a course of treatment for an orthodontic patient by scanning either a patient’s teeth or a physical model of a patient’s teeth. Lastly, the ’470 patent relates to a computer readable medium which includes a computer program capable of developing a course of treatment for an orthodontic patient by scanning either a patient’s teeth or a physical model of a patient’s teeth.

In the complaint, Align states that 3Shape imports and sells products that infringe the asserted patents. The complaint specifically refers to 3Shape’s TRIOS and TRIOS 3 intraoral scanners and related software as infringing products.

Regarding domestic industry, Align states that its iTero color intraoral scanner and OrthoCAD software practice one or more claims of each of the asserted patents. Align further states that its headquarters is in California, and that it conducts relevant research, development, engineering, marketing, sales, customer care, clinical dentistry education, intellectual property protection, training, and administrative activities at this facility. Align specifically states that its domestic industry products are developed in the U.S., albeit manufactured outside the U.S.

As to related litigation, Align states that, concurrently with the filing of the instant ITC complaint, it also filed another ITC complaint, where it is alleging that 3Shape infringes other patents. Align further states that, also concurrently with the filing of the instant ITC complaint, it filed two district court complaints against 3Shape in the U.S. District Court for the District of Delaware, where Align is alleging that 3Shape infringes the patents asserted in the two ITC complaints as well as additional patents.

With respect to potential remedy, Align requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at 3Shape and related entities.
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