Align Technology’s ongoing patent case against ClearCorrect regarding dental aligners is continuing as both sides claimed victory following a recent decision by the U.S. International Trade Commission.
The April 3 ruling found that ClearCorrect infringed on at least 18 claims pertaining to five of Align’s patents, according to an Align statement.
Align initially filed an ITC complaint against ClearCorrect in March 2012, asserting that ClearCorrect's aligners are made using digital data and treatment plans imported from Pakistan that infringe Align's patents.
ClearCorrect can no longer use Align's patented process to generate digital data and then import that data from Pakistan to print out molds used to make aligners at ClearCorrect’s Houston plant, Align said.
ClearCorrect officials said they will modify the manufacturing process in the interim while the 18 claims are appealed. They also noted that the commission has ruled in ClearCorrect’s favor on 22 of the patent claims.
Align has a patent infringement action pending against ClearCorrect in the U.S. District Court for the Southern District of Texas alleging infringement of nine Align patents, including four additional patents not included in the ITC case.