Align Technology has responded to a press release issued on June 28, 2012, by ClearCorrect relating to the stay issued nearly two months ago of Align's patent infringement lawsuit against ClearCorrect.
ClearCorrect's press release states that "the U.S. District Court recently granted the motion to stay the case in ClearCorrect's favor, effectively stopping the federal case indefinitely and virtually guaranteeing the continued unrestricted operation of the company's U.S.-based manufacturing facility for the foreseeable future."
While it's true that the lawsuit filed in federal court in Texas is stayed pending the investigation of Align's complaints filed with the U.S. International Trade Commission (ITC), ClearCorrect mistakenly states the stay is indefinite and incorrectly implies that the issuance of the stay reflects the merit of its claims and defenses, according to Align.
The federal court was required to issue the stay as to those claims that are common to the ITC investigations and the federal court action, Align explained.
"This is a purely routine procedural matter from two months ago -- it has nothing to do with the merit of ClearCorrect's claims or defenses and does not in any way reflect the likelihood that ClearCorrect will succeed in either the ITC investigations or in the federal court action," stated Roger George, Align vice president, legal affairs and general counsel.
In the federal court lawsuit filed on February 28, 2011, Align asserts that ClearCorrect infringes eight Align patents in the production and sale of ClearCorrect aligners. On March 1, 2012, Align filed two complaints with the ITC against ClearCorrect and ClearCorrect Pakistan.
In the first complaint, Align asserts that ClearCorrect infringes seven Align patents related to methods for planning and implementing orthodontic treatment using aligners. The second complaint seeks enforcement of a prior consent order granted by the ITC on October 27, 2006, in the OrthoClear ITC action.
The trial dates for both complaints have been scheduled by the ITC. The trial date for the enforcement action is scheduled for December 3, 2012; the trial date for the infringement action is scheduled for February 4, 2013.
