Align Technology has filed two complaints with the U.S. International Trade Commission (ITC) against both ClearCorrect and ClearCorrect Pakistan alleging patent infringement.
In the first complaint, Align asserts that ClearCorrect infringes seven Align patents, comprising 280 claims, related to methods for planning and implementing orthodontic treatment using aligners, according to the company. The complaint alleges that treatment planning for ClearCorrect's products is performed by ClearCorrect Pakistan at a facility in Lahore, Pakistan.
The complaint requests that the ITC institute an immediate investigation and issue a cease and desist order prohibiting ClearCorrect from using the digital data representing orthodontic treatment that is imported into the U.S. and infringes Align's patents.
The complaint also requests that the ITC prohibit ClearCorrect from selling aligners manufactured using such treatment plans.
The ITC has 30 days to determine whether it will institute a formal Section 337 investigation.
"We're certain we don't infringe any valid patents," said Jarrett Pumphrey, ClearCorrect CEO. "It doesn't matter how many times they sue us or where they sue us -- that won't change. The only thing this changes is who we'll be proving that to."
The second complaint seeks enforcement of a prior consent order granted by the ITC in October 2006 in the OrthoClear ITC action. This complaint seeks to remedy the continuing infringement of Align's patents by ClearCorrect USA, ClearCorrect Pakistan, and certain former OrthoClear employees who now own, manage, and are employed by ClearCorrect Pakistan.
These individuals, previously directors and managers of OrthoClear's operations in Pakistan, are currently violating the Consent Order issued in the OrthoClear matter by continuing to engage in infringing activities, only now on behalf of ClearCorrect Pakistan, according to Align.
"Align has been trying to convince doctors that we're OrthoClear for years. This is just more of the same," said Pumphrey. "The truth is, as we've planned and positioned for international growth, we found a motivated and passionate workforce in Pakistan to support it -- just like Align did once upon a time. But that doesn't make us OrthoClear or Align. We're ClearCorrect."
Align's existing federal court patent infringement action against ClearCorrect in the Southern District of Texas, which alleges infringement of some of the same patents at issue in the ITC action, will continue unless stayed by the court, according to Align.
In the federal court action, Align seeks monetary damages and an injunction in addition to the relief available from the ITC.
