Dental News - Align Technology asserts ten additional patents against 3Shape

Align Technology

Fri. 21. December 2018

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SAN JOSE, Calif., U.S.: Align Technology recently announced that it has filed three additional patent infringement lawsuits asserting ten additional patents against 3Shape—a Danish corporation and related U.S. corporate entity—bringing the total patents asserted against 3Shape to 35.

“Our litigation with 3Shape is about 3Shape’s unlawful business practice (patent infringement) and our actions are required to protect our intellectual property rights,” said Joseph Hogan, Align Technology President and CEO. “Align respects the intellectual property rights of others and has consistently asked that they do the same. We have been surprised that 3Shape has argued vehemently that they do not violate our patents, particularly because there are 35 patents involved. It is virtually impossible to unknowingly infringe this number of patents.”

In December, Align filed a Section 337 complaint with the U.S. International Trade Commission (ITC) alleging that 3Shape violates U.S. trade laws through unfair competition by selling for importation and importing the infringing TRIOS intraoral scanners, TRIOS lab scanners and TRIOS software, TRIOS software modules, Dental System software and Ortho System software. Align’s ITC complaint seeks a cease-and-desist order and exclusion order prohibiting the importation of 3Shape's TRIOS scanning system, lab scanners and Dental System and Ortho System software products into the U.S.

Align also filed two separate complaints in the United States District Court for the District of Delaware alleging patent infringement by 3Shape's TRIOS intraoral scanning system, lab scanners and Dental and Ortho System Software. The two district court complaints seek monetary damages and injunctive relief against further infringement. One of the Delaware actions includes the patents asserted in the ITC, while one of the suits includes additional patents not asserted in the ITC.

These three new lawsuits against 3Shape are additional to the two pending Section 337 complaints with the ITC and four United States District Court for the District of Delaware complaints that were filed in November of 2017 that are currently pending resolution.

“The continued nature of 3Shape’s infringing activities forced Align’s further enforcement of its deep patent portfolio,” said Roger E. George, Align Technology Senior Vice President, Chief Legal and Regulatory Officer. “Align is a pioneer in the powderless intraoral scanning system market and in digital dentistry. Our scanners are integral to the technologies that we continue to build into our end-to-end digital workflow solution. We will not allow competitors to take advantage of our significant investments into research and development by continuing to implement product features that infringe our patents. As a pioneering leader in the digital dentistry industry, we’re confident that our claims against 3Shape will lead to the remedies that we seek. Align will continue to monitor its extensive patent portfolio to defend against 3Shape’s infringing conduct, as appropriate.”

The additional patents asserted by Align against 3Shape are, among others: systems and methods for treatment analysis by teeth matching, method and apparatus for color imaging a three-dimensional structure and system and the method for positioning three-dimensional brackets on teeth.

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