5 known cases. View patent page →
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.
Appeal from the permanent injunction in the Ormco v. Align district court case. The Federal Circuit reversed, holding U.S. 6,398,548 claims 10 and 17 invalid as obvious and U.S. 6,554,611 claims 1-3 and 7 invalid.
ITC Section 337 investigation instituted Feb. 15, 2006, on Align's complaint against OrthoClear, Inc. et al. Asserted claims included U.S. 6,398,548 claims 21, 22, 24-30, 32-36, 38, and 39, along with numerous other Align patents and trade-secret claims; terminated by consent order implementing the Align-OrthoClear global settlement.
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.