4 known cases. View patent page →
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 asserted the '037 patent as one of fourteen Align patents against SmileCareClub and related entities. The PTAB's IPR2016-00270 Final Written Decision identifies this action as the litigation involving the '037 patent, but the final disposition was not confirmed in the narrative.
ClearCorrect petitioned for inter partes review of claims 1, 2, 9, and 10 of the '037 patent on obviousness grounds. The Board found the claims unpatentable on March 24, 2017, but the Federal Circuit vacated and remanded, and the proceeding was later terminated by settlement.
Align appealed the PTAB's IPR2016-00270 Final Written Decision invalidating claims 1, 2, 9, and 10 of the '037 patent. The Federal Circuit vacated and remanded on August 22, 2018, and the mandate issued April 4, 2019.