8 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.
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 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 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Commission initially found a violation, but after Federal Circuit reversal on the article requirement, the Commission rescinded the cease-and-desist orders and terminated with a finding of no violation on September 23, 2016.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 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.
Appeal by Align Technology from the ITC's determination in the 337-TA-562 enforcement proceeding; the Federal Circuit issued its opinion on July 17, 2014.
Companion appeal from the 337-TA-562 enforcement proceeding; pending/consolidated with CAFC No. 2013-1240.
Appeal from the ITC's 337-TA-833 determination, resolved via ClearCorrect Operating, LLC v. ITC, 810 F.3d 1283 (Fed. Cir. 2015), which reversed the Commission's holding that electronic transmission of digital models is an imported article.