Defendant

ClearCorrect Operating, LLC

9 cases as defendant.

Cases
9
Active
0
9 closed
Filed
2011–2012
Top venue
Fed. Cir.
3 cases
Also appears as a plaintiff in 3 cases → View as plaintiff

Company profile

ClearCorrect Operating, LLC — commonly "ClearCorrect" — is a US clear-aligner manufacturer based in Round Rock, Texas (originally Houston). It was founded in 2006 by dentist Dr. Willis Pumphrey and related entities appear in the record as ClearCorrect, Inc., ClearCorrect Holdings, Inc. and ClearCorrect LLC. Straumann Group (SIX: STMN) acquired the company in 2017 for approximately USD 150 million; ClearCorrect now operates as a Straumann brand/subsidiary. Straumann disclosed 2016 sales of about USD 32 million and roughly 200 employees at the time of the deal; current standalone headcount and revenue are not separately published.

ClearCorrect designs and manufactures custom clear orthodontic aligners — transparent thermoplastic trays 3D-printed from dentist-supplied scans or impressions — sold to general dentists and orthodontists, along with retainers and digital treatment-planning services. Its advertised treatment options include Flex and Unlimited. Manufacturing and support are done in Round Rock, with direct sales in North America and distributors in markets such as Australia, the UK, Israel and New Zealand. It is an operating company, not a patent-assertion entity.

Its litigation posture is overwhelmingly defensive: 9 of 12 tracked cases name it as defendant and 3 as plaintiff. Nearly all are Align Technology, Inc. v. ClearCorrect matters — a 2011–2012 district court suit in the Southern District of Texas (not an Eastern District of Texas venue) and 2012 International Trade Commission proceedings, including enforcement of a 2006 consent order and Inv. No. 337-TA-833 involving ClearCorrect's Pakistan affiliate. Its three plaintiff-side appearances include a 2015 PTAB filing against Align.

The most consequential tracked case is ClearCorrect Operating, LLC v. International Trade Commission, in which the Federal Circuit (810 F.3d 1283, Nov. 2015) held that Section 337 "articles" are limited to material things, so the ITC lacks jurisdiction over electronic transmission of digital data — the digital tooth models ClearCorrect sent to Pakistan for processing. Rehearing en banc was denied in 2016, making the decision a widely cited precedent on ITC jurisdiction over digital imports.

Filing activity

2011: 1 case'112012: 4 cases4'12
Cases filed per year naming ClearCorrect Operating, LLC as defendant.

Align Technology, Inc. v. ClearCorrect Operating, LLC et al.

ITC found violation; on appeal
Filed:
2012-05-01
Patents:6685469
π Align Technology, Inc.Δ ClearCorrect Operating, LLCΔ ClearCorrect Pakistan (Private), Ltd.Δ Mudassar RathoreΔ Waqas WahabΔ Nadeem ArifΔ Asim Waheed

Align brought an ITC enforcement proceeding under 19 C.F.R. § 210.75 to enforce the 337-TA-562 Consent Order against ClearCorrect Operating, LLC, ClearCorrect Pakistan (Private), Ltd., and four individuals. The ITC found a violation of the consent order, leading to Federal Circuit appeals.

Align Technology, Inc. v. ClearCorrect Operating, LLC et al.

terminated/no violation
Docket:
337-TA-562 (Enforcement Proceeding)
Filed:
2012-03-01
Terminated:
2016-09-23
Patents:6602070
π Align Technology, Inc.Δ ClearCorrect Operating, LLCΔ ClearCorrect Pakistan (Private), Ltd.Δ Mudassar RathoreΔ Waqas WahabΔ Nadeem ArifΔ Asim Waheed

Align Technology filed an enforcement proceeding against ClearCorrect and its officers to enforce the 2006 Consent Order from Inv. No. 337-TA-562. The action was directed at the '511 and '880 patents specifically, but the Consent Order included the '070 patent. The Commission ultimately found no violation and terminated the proceeding, rescinding cease-and-desist orders.

Align Technology, Inc. v. ClearCorrect Operating, LLC et al.

resolved by termination agreement
Docket:
337-TA-562 (Enforcement)
Filed:
2012-03-01
Terminated:
2015-04-07
Patents:67228806471511
π Align Technology, Inc.Δ ClearCorrect Operating, LLCΔ ClearCorrect Pakistan (Private), Ltd.Δ Mudassar RathoreΔ Waqas WahabΔ Nadeem ArifΔ Asim Waheed

Align filed an enforcement proceeding under 19 C.F.R. § 210.75 alleging ClearCorrect and bound officers violated the 2006 consent order. The '880 and '511 patents were the basis for the enforcement complaint; the Commission found no violation, Align appealed, and the matter was resolved by an April 7, 2015 termination agreement.

Align Technology, Inc. v. ClearCorrect Pakistan (Private), Ltd. et al.

terminated with finding of no violation
Docket:
337-TA-833
Filed:
2012-03-01
Terminated:
2016-09-23
Patents:6722880
π Align Technology, Inc.Δ ClearCorrect Pakistan (Private), Ltd.Δ ClearCorrect Operating, LLC

Align Technology filed a Section 337 complaint against ClearCorrect entities asserting claims 1 and 3 of the '880 patent. The Commission initially found a violation, but after Federal Circuit reversal on the article requirement, the Commission rescinded the cease-and-desist orders and terminated with a finding of no violation on September 23, 2016.

Align Technology, Inc. v. ClearCorrect, Inc. et al.

dismissed with prejudice
Docket:
4:11-cv-00695
Filed:
2011-02-28
Terminated:
2019-03-28
Patents:63985485975893
π Align Technology, Inc.Δ ClearCorrect, Inc.Δ ClearCorrect Operating, LLCΔ ClearCorrect Holdings, LLC

Align filed suit against ClearCorrect entities, alleging infringement of nine Align patents including U.S. 6,398,548 and U.S. 5,975,893. The case was stayed in 2012 pending an ITC proceeding, stay lifted in 2017, reexamination certificates confirmed the challenged '548 claims, and final judgment on Mar. 28, 2019 dismissed all claims and counterclaims with prejudice.

Align Technology, Inc. v. U.S. International Trade Commission et al.

vacated and remanded
Docket:
2013-1240, 2013-1363
Terminated:
2014-07-18
Patents:6227850
π Align Technology, Inc.Δ U.S. International Trade CommissionΔ ClearCorrect Operating, LLCΔ ClearCorrect Pakistan (Private), Ltd.Δ Mudassar RathoreΔ Waqas WahabΔ Nadeem ArifΔ Asim Waheed

Align appealed from the ITC enforcement proceeding relating to the 2006 consent order that included U.S. Patent No. 6,227,850. The Federal Circuit vacated and remanded, holding the ITC exceeded its authority in reviewing the ALJ's order denying termination and remanding for trial on whether former OrthoClear employees violated the Consent Order.

Align Technology, Inc. v. International Trade Commission et al.

reversed and remanded
Docket:
2013-1240, 2013-1363
Terminated:
2014-07-18
Patents:662984067228806471511
π Align Technology, Inc.Δ International Trade CommissionΔ ClearCorrect Operating, LLCΔ ClearCorrect Pakistan (Private), Ltd.Δ Mudassar RathoreΔ Waqas WahabΔ Nadeem ArifΔ Asim Waheed

Appeal from the ITC's ClearCorrect enforcement proceeding. The Federal Circuit reversed and remanded on procedural grounds, holding the ITC exceeded its authority by reviewing an ALJ's order denying a motion to terminate. The narrative treats the '840 patent connection as family-level and unconfirmed; the enforcement dispute is described as involving the 2006 Consent Order and the '880 and '511 patents.

Align Technology, Inc. v. ClearCorrect, Inc. et al.

dismissed with prejudice; final judgment
Docket:
4:11-cv-00695
Terminated:
2019-03-28
Patents:6722880
π Align Technology, Inc.Δ ClearCorrect, Inc.Δ ClearCorrect Operating, LLCΔ ClearCorrect Holdings, LLC

Align Technology sued ClearCorrect entities in the Southern District of Texas. Align stated the case was based in part on some of the acts of patent infringement asserted in the ITC complaint, which included the '880 patent; final judgment dismissed all claims and counterclaims with prejudice on March 28, 2019.