5447432

Ormco sued Align Technology in the Central District of California for infringement of orthodontic patents; the Federal Circuit noted that U.S. 5,431,562 was a parent of the asserted patents but was not asserted in this suit. The asserted patents were the '444, '861, '243, and '432; after summary judgment, appeals, and a 2009 jury verdict on the '444 patent, the case ultimately resolved in Align's favor on the asserted Ormco claims.

Federal Circuit appeal from the Central District of California case. The court affirmed summary judgment of noninfringement and nonenablement as to '432 claims 1, 9, and 10, reversed as to '444 claims 37–40, 45, 69 and remanded, and affirmed invalidity of '548 claims 1–3 and 11–13.

Ormco sued Align on Ormco's U.S. patents 5,447,432, 5,683,243, 6,244,861, and later 6,616,444; Align counterclaimed asserting U.S. 6,398,548 and 6,554,611 against Ormco/AOA. The district court found infringement, held some '548 claims invalid, upheld claims 10 and 17, and entered a permanent injunction; the parties settled Feb. 1, 2006, but appeals ended with all asserted '548 claims invalid and escrow returned.