By Eric Schweibenz and Kate Cappaert
On September 16, 2014, the International Trade Commission (the "Commission") issued an
order and
opinion granting Respondents' motion to correct or clarify the cease and desist orders in
Certain Digital Models, Digital Data, and Treatment Plans For Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same (Inv. No. 337-TA-833).
By way of background, this investigation is based upon a complaint filed by Align Technology, Inc. ("Align) alleging violations of Section 337 in the importation into the United States, sale for importation, and sale within the United States after importation of certain digital models, digital data, and treatment plans for use in making incremental dental positioning adjustment appliances that infringe one or more claims of U.S. Patent Nos. 6,217,325; 6,722,880; 8,070,487; 6,471,511; 6,626,666; 6,705,863; and 7,134,874.
See our
March 2, 2012 post for more details on Align's complaint. The notice of investigation named ClearCorrect Operating, LLC and ClearCorrect Pakistan (collectively, "ClearCorrect") as Respondents.
See our
April 6, 2012 post for more information on the Notice of Investigation. On May 6, 2013, 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. On April 3, 2014, the Commission issued notice of its determination to affirm-in-part, modify-in-part, and reverse-in-part the final ID and to find a violation of Section 337. The Commission also terminated the investigation.
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