Align Technology has moved forward with the enforcement of permanent injunctions granted by the District Court of DĂĽsseldorf in the Federal Republic of Germany against Ortho Caps and Rasteder KFO Spezial-Labor.
In December 2011, Align filed patent infringement lawsuits against Ortho Caps and Rasteder KFO asserting they both infringe Align patents by making, offering to sell, and selling their respective clear aligner therapy systems in Germany.
The permanent injunctions are based on the DĂĽsseldorf court's finding that Ortho Caps and Rasteder KFO separately infringe the German parts of European patents that cover the broad methods of digital treatment planning and manufacturing of aligners, and that Ortho Caps also infringes the German parts of European patents covering the physical template for applying attachments.
The court ruled Ortho Caps and Rasteder KFO must use a process that does not infringe the patents on which the enforced judgments are based to continue the sales of aligners in Germany.
The court's decision was announced on July 18, 2013. The permanent injunctions require Ortho Caps and Rasteder KFO to provide Align with an accounting of sales for the infringing products, pay any damages resulting from their infringement, and cease and desist from making, offering to sell, and selling in Germany the products the court found to infringe the related patents.
The defendants have appealed the injunctions, but the appeals do not prevent Align from enforcing the judgments, the company noted in a press release.
Align has offered to help minimize treatment disruptions for Ortho Caps' and Rasteder KFO's customers and their patients by allowing Ortho Caps and Rasteder KFO to complete their in-progress clear aligner cases manufactured in violation of Align's patents for which they received an impression or scan and a binding order from the customer prior to August 27, 2013, provided each company does the following:
- Promptly accepts Align's offer
- Abides by the terms of the permanent injunctions being enforced with respect to accounting and accepting and/or fulfilling new orders
- Provides certain nonpatient private information required by Align concerning the in-progress cases until those cases are complete
Align has asserted additional patent infringements by Ortho Caps and Rasteder KFO; these cases were stayed by the court in view of oppositions and invalidity suits pending against the patents. A first instance decision on these oppositions and invalidity suits is expected in mid to late 2014.
