On December 14, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Color Intraoral Scanners and Related Hardware and Software (Inv. No. 337-TA-1091).

By way of background, this investigation is based on a November 14, 2017 complaint filed by Align Technology, Inc. of San Jose, California alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling 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; 8,451,456; 8,675,207; 9,101,433; 6,948,931; and 6,685,470. See our November 14, 2017 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified 3Shape A/S of Denmark and 3Shape, Inc. of Warren, New Jersey as the respondents in this matter. The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in the investigation.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that he will be the presiding Administrative Law Judge in this matter.