Align Technology (ALGN) Says ITC to Investigate Complaint Over Aligner Use Patent Infringement

April 2, 2012 5:39 PM EDT
Align Technology, Inc. (Nasdaq: ALGN) reports that the United States International Trade Commission (ITC) has voted to institute an investigation of alleged patent infringement by ClearCorrect Operating, LLC, of Houston, Texas and ClearCorrect Pakistan (Private), Ltd., of Pakistan. The ITC's decision is based on a formal complaint filed by Align last month.

In a complaint filed with the ITC on March 1, 2012, Align asserts that ClearCorrect infringes seven Align patents related to methods for planning and implementing orthodontic treatment using aligners. The complaint alleges that treatment planning for ClearCorrect's products is performed by ClearCorrect Pakistan at a facility in Lahore, Pakistan. The complaint requests the ITC institute an immediate investigation and ultimately issue a cease and desist order prohibiting ClearCorrect from using the digital data representing orthodontic treatment that is imported into the US and infringes Align's patents, and prohibiting ClearCorrect from selling aligners manufactured using such treatment plans. The ITC may issue an exclusionary order and/or cease and desist orders if the Commission determines that ClearCorrect has violated even one of the multiple patent claims included in Align's complaint.


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