Last month Align Tech filed formal patent infringement complaints against medical device maker 3Shape.
Last month Align Technology filed formal patent infringement complaints against medical device maker 3Shape. On Tuesday, Align said the ITC will investigate the complaints.
In the complaints, first filed Nov. 14 and amended Dec. 4, Align said 3Shape violated U.S. trade laws by “selling for importation and importing its infringing Trios intraoral scanners, OrthoAnalyzer and Dental System software.”
In its first complaint, Align alleges that 3Shape has violated six of the company’s patents. In its filing, Align said 3Shape’s Trios intraoral scanner infringes four Align patents related to confocal lens scanning technologies. The other two violations were caused by 3Shape’s software that is infringed on Align’s software-related functionalities, the company said.
The second complaint pings 3Shape for seven patent violations. Align alleged 3Shape’s Trios intraoral scanner infringes four Align patents related to providing three-dimensional color scanned images and that 3Shape’s software infringes three patents related to digitally modeling the deformation of gum tissue within a scanned image.
In its announcement, Align requested that not only should ITC investigate 3Shape, but also “issue a cease and desist order prohibiting 3Shape from importing infringing Trios intraoral scanners and related software products” into the United States.
The ITC may issue exclusionary orders and/or cease and desist orders if the Commission determines that 3Shape has violated even one of the multiple patent claims included in Align’s complaints, Align said.
This morning, Mass Device first reported that Align’s complaints “came with the cancellation of an interoperability contract” between the two companies. In a statement issued this morning by 3Shape, the company said Align announced the termination of the connection between Invisalign and 3Shape TRIOS in the United States with only 30 days’ notice.
“This is despite the fact that the interoperability has absolutely no legal link to the patent infringement allegations against 3Shape, which are completely unfounded and without merit,” 3Shape said in its statement.
Denmark-based 3Shape said it was not a part of Align’s decision, nor was it informed of that company’s intentions prior to Align’s taking action with the ITC.
“On the contrary, based on its communication with Align the last month, 3Shape was given the impression that Align had no intention of closing the Invisalign interoperability. 3Shape can only view this as an attempt by Align to maintain market share in the clear aligner market based on their now expired patents,” 3Shape said in its statement.
Tais Clausen and Nikolai Deichmann, the co-founders and co-chief executive officers of 3Shape, said they believe in open markets and freedom of choice. Those options are in the “best interest of doctors and patients,” they said.
Align said the administrative law judges assigned to the case will set target dates within the next two months for completing the investigation.
