With Align Technology aggressively marketing its own iTero intraoral scanners and in the US no longer accepting TRIOS scans for Invisalign treatment, many dentists worldwide are wondering what the future holds for Invisalign and competing intraoral scanners.
Now there has been a counter lawsuits raised by 3shape which just got a second favourable Initial Determination. So it's definitely not over but it shows we need to think about our aligner options going forward. If you're really interested you can read all about it at the bottom of this article.
Many of the latest intraoral scanners are yet to be approved for invisalign treatment including CEREC Primescan and Medit i500. The new TRIOS 4 will not be supported for invisalign treatment worldwide.
In what appears to be an answer to this, for CEREC at least, at IDS 2019 Dentsply Sirona’s Orthodontic software SureSmile Ortho was showcased quite extensively.
What is SureSmile Ortho?
It is a web browser-based service that is stand alone to CEREC by Dentsply Sirona. Although not new and has been around for a few years, previously known as Elemetrix, it now seems to be getting exposure as we saw by all the Dentsply Sirona stalls at IDS talking about it.
SureSmile Ortho is essentially very similar to other competing aligner platforms such as Invisalign or Clear Correct but with some key distinguishing features such as proudly accepting all STL files from ALL scanner sources. It is a completely open system.
What is interesting about SureSmile Ortho is the range of DIY options you have.
After submitting your STL files, much like its competitors, an aligner treatment plan will be done for you by the digital lab service team. Once you are happy with the plan, it is at that point you can either
- Receive SureSmile Aligners fabricated for you (much like every other company)
- Receive STL files of Staged Models for fabricating your own aligners in-house by 3D printing and vacuum pressure machines.
There are also some interesting payment options including paying for the entire treatment plan and all the aligners or selectively paying for only the aligners/stages you need for instance in hybrid cases were fixed appliances will also be used. There seems to be a decent range of DIY options in this system.
Apart from aligners SureSmile also offers Indirect Bonding jigs for fixed braces. With the ability to define the bracket preferences, an automated simulation of an ideal set up is produced including placement of brackets. A 3D printed jig can then be produced to aid in fixed orthodontic bond ups. These come at a one-off cost with free STL export.
Furthermore, the software also offers diagnostic solutions including automated Bolton analysis, occlusion assessment and automated measurements of tooth width, arch width, inter-proximal contact points and clipping planes.
Other major CAD/CAM companies such as TRIOS have also released their own aligner and orthodontic software. It will be very interesting to see if this takes off and what this means for Invisalign and its relationship with the multitude of intraoral scanners now on the market.
If you're interested in following all the twists and turns of Align Technology and 3Shape Lawsuits and their respective press releases then enjoy reading them below, here's how it unfolded. FYI Align Technology is blue and 3Shape is red
Nov 14, 2017 - Align Technology files six patent infringement lawsuits asserting 26 patents against 3shape.
ALIGN TECHNOLOGY FILES SIX PATENT INFRINGEMENT LAWSUITS ASSERTING 26 PATENTS AGAINST 3SHAPE
Align Technology Files Six Patent Infringement Lawsuits Asserting 26 Patents Against 3Shape
SAN JOSE, CA -- (Marketwired) -- 11/14/17 -- Align Technology, Inc.(NASDAQ: ALGN)today announced that it has filed six patent infringement lawsuits asserting 26 patents against 3Shape A/S, a Danish corporation, and a related U.S. corporate entity, asserting that 3Shape's Trios intraoral scanning system and Dental System software infringe Align patents.
Align filed two Section 337 complaints with the U.S. International Trade Commission (ITC) alleging that 3Shape violates U.S. trade laws by selling for importation and importing its infringing Trios intraoral scanning system and Dental System software. Align's ITC complaints seek cease and desist orders and exclusion orders prohibiting the importation of 3Shape's Trios scanning system and Dental System software products into the U.S.
Align also filed four separate complaints in the United States District Court for the District of Delaware alleging patent infringement by 3Shape's Trios intraoral scanning system and Dental System software. All of these district court complaints seek monetary damages and injunctive relief against further infringement.
Commenting on Align's patent infringement lawsuits against 3Shape, Roger E. George, vice president, legal affairs and general counsel for Align said, "Over the past 20 years, Align has been at the forefront of digital dentistry evolution, and it is committed to continued innovation and technology development to facilitate the adoption of digital dentistry. The 26 patents we are asserting are integral components of our broad patent portfolio and represent key inventions and technologies fundamental to Align's digital dentistry strategy. Align is a leader in the intraoral scanning systems and digital dentistry market and we will not allow competitors to copy our products and their features or infringe our patents. We will vigorously defend our intellectual property, whether it relates to clear aligners, dental scanners, or digital dentistry more broadly. We have strong legal claims against 3Shape and believe we will succeed both at the ITC and in the federal district court."
Align's twenty-six patents asserted against 3Shape are:
| | Patent No. | | Title |
| | 9,615,901 | | Method and apparatus for imaging three-dimensional structure |
| | 9,566,132 | | Smile Designer |
| | 9,510,757 | | Identification of areas of interest during intraoral scans |
| | 9,451,873 | | Automatic selection and locking of intraoral images |
| | 9,427,916 | | Method for preparing a physical plaster model |
| | 9,299,192 | | Methods and systems for creating and interacting with three dimensional virtual models |
| | 9,101,433 | | Method and apparatus for colour imaging a three-dimensional structure |
| | 8,845,330 | | Method for preparing a physical plaster model |
| | 8,734,149 | | Systems and methods for fabricating a dental template |
| | 8,675,207 | | Method and apparatus for colour imaging a three-dimensional structure |
| | 8,638,448 | | Method and apparatus for imaging three-dimensional structure |
| | 8,638,447 | | Method and apparatus for imaging three-dimensional structure |
| | 8,545,221 | | Smile Designer |
| | 8,454,364 | | Method for preparing a physical plaster model |
| | 8,451,456 | | Method and apparatus for colour imaging a three-dimensional structure |
| | 8,363,228 | | Method and apparatus for colour imaging a three-dimensional structure |
| | 8,092,215 | | Smile Designer |
| | 7,112,065 | | Method for defining a finish line of a dental prosthesis |
| | 7,092,107 | | Method and apparatus for imaging three-dimensional structure |
| | 7,056,115 | | Systems and methods for fabricating a dental template |
| | 6,948,931 | | Digitally modeling the deformation of gingival tissue during orthodontic treatment |
| | 6,845,175 | | Dental image processing method and system |
| | 6,685,470 | | Digitally modeling the deformation of gingival tissue during orthodontic treatment |
| | 6,514,074 | | Digitally modeling the deformation of gingival |
| | 6,334,853 | | Method for obtaining a dental occlusion map |
| | 6,227,850 | | Teeth viewing system |
About Align Technology, Inc.
Align Technology designs and manufactures the Invisalign® system, the most advanced clear aligner system in the world, and iTero® intraoral scanners and services. Align's products help dental professionals achieve the clinical results they expect and deliver effective, cutting-edge dental options to their patients. Visit www.aligntech.com for more information.
For additional information about the Invisalign system or to find an Invisalign provider in your area, please visit www.invisalign.com. For additional information about iTero digital scanning system, please visit www.itero.com.
Align Technology
Shirley Stacy
(408) 470-1050
sstacy@aligntech.com
Ethos Communication
Shannon Mangum Henderson
(678) 261-7803
align@ethoscommunication.com
Source: Align Technology
News Provided by Acquire Media
Nov 15, 2017 - 3Shape responds to Align Technology Patent Infringement Lawsuit
3Shape responds to Align Technology Patent Infringement Lawsuit
Copenhagen, November 15, 2017 – We have today read the news of Align Technology’s lawsuits against 3Shape in the USA. The said lawsuit and infringement claims are completely unfounded and without merit. 3Shape will vigorously defend itself against such claims.
For 3Shape, innovation has been the driving force of our company since we started seventeen years ago in a one-room apartment in Copenhagen, Denmark. We have been selling dental scanners since 2005 and the patented TRIOS intraoral scanning technologies since 2011. Because we’re innovators, we have the utmost respect for others’ patents and intellectual property. After all, it is our ability to create exciting new technologies that has made 3Shape a leader in the industry. This is supported by our more than 80 patent families. It is also backed by 3Shape becoming the choice of doctors and lab technicians around the world and our receiving numerous technology awards.
3Shape continually engages other companies to work together to expand our open ecosystem of solutions for digital dentistry. We integrate with a wide range of great clear aligner systems, bracket manufacturers, implant systems, milling machines, 3D printers and scanners. We do not believe in limiting dental professionals to a single treatment option, workflow, or business model. A significant number of Align’s core patents expired earlier this year, and 3Shape is looking forward to increased competition within clear aligners for the benefit of doctors and their patients.
As a message to our customers and the industry around the world, 3Shape will continue doing what we’ve always done: Develop exciting and innovative solutions to improve patient care. 3Shape will continue to offer our solutions globally for the benefit of labs, dentists and patients.
3Shape looks forward to meeting dental professionals at the Greater New York Dental Meeting 2017.
Dec 18, 2017 - ITC Institutes Section 337 Investigations Based on Align Technology Claims of Scanner-Related 3Shape Patent Infringement
SAN JOSE, CA -- (Marketwired) -- 12/18/17 -- Align Technology, Inc.(NASDAQ: ALGN)announced today that the United States International Trade Commission (ITC) has voted to institute two investigations of alleged patent infringement by 3Shape A/S of Copenhagen, Denmark and 3Shape Inc. of Warren N.J. (collectively "3Shape.") The ITC's decision is based on formal complaints filed by Align last month.
In two complaints filed with the ITC on November 14, 2017 and amended on December 4, 2017, Align asserts that 3Shape violates U.S. trade laws by selling for importation and importing its infringing Trios intraoral scanners, OrthoAnalyzer and Dental System software. The first ITC complaint includes six Align patents and alleges that 3Shape's Trios intraoral scanner infringes four Align patents related to confocal lens scanning technologies and that 3Shape's software infringes two Align patents related to software-related functionalities. The second ITC complaint includes seven Align patents and alleges that 3Shape's Trios intraoral scanner infringes four Align patents related to providing three-dimensional color scanned images and that 3Shape's software infringes three patents related to digitally modeling the deformation of gum tissue within a scanned image. Align's complaints request the ITC institute immediate investigations and ultimately issue a cease and desist order prohibiting 3Shape from importing infringing Trios intraoral scanners and related software products into the US. The ITC may issue exclusionary orders and/or cease and desist orders if the Commission determines that 3Shape has violated even one of the multiple patent claims included in Align's complaints.
Within the next two months, the assigned administrative law judges will set target dates for completing the investigations.
About Align Technology, Inc.
Align Technology designs and manufactures the Invisalign® system, the most advanced clear aligner system in the world, and iTero® intraoral scanners and services. Align's products help dental professionals achieve the clinical results they expect and deliver effective, cutting-edge dental options to their patients. Visit www.aligntech.com for more information.
For additional information about the Invisalign system or to find an Invisalign provider in your area, please visit www.invisalign.com. For additional information about iTero digital scanning system, please visit www.itero.com.
CONTACT
Align Technology, Inc.
Shirley Stacy
(408) 470-1150
sstacy@aligntech.com
Ethos Communication, Inc.
Shannon Mangum Henderson
(678) 261-7803
align@ethoscommunication.com
Source: Align Technology
News Provided by Acquire Media
Dec 19, 2017 - 3Shape responds to Align Technology punishing dentists and orthodontists by termination of Invisalign interoperability
Copenhagen, December 19, 2017 – 3Shape is dismayed to learn that Align Technology is terminating its Invisalign interoperability contract with 3Shape TRIOS.
In a communication sent from Align Technology to 3Shape TRIOS doctors, Align announced the termination of the connection between Invisalign and 3Shape TRIOS in the United States with only 30 days notice. This is despite the fact that the interoperability has absolutely no legal link to the patent infringement allegations against 3Shape, which are completely unfounded and without merit.
3Shape was not a part of the decision announced yesterday, nor informed of Align Technology’s intentions beforehand. On the contrary, based on its communication with Align the last month, 3Shape was given the impression that Align had no intention of closing the Invisalign interoperability. 3Shape can only view this as an attempt by Align to maintain market share in the clear aligner market based on their now expired patents.
3Shape TRIOS has been named the best intraoral scanner by the industry for five years in a row1, and the most accurate in an independent ADA study2. 3Shape will continue to pursue our open eco-system to ensure that doctors and patients are able to choose the aligner systems and solutions they prefer. The 3Shape TRIOS intraoral scanner is already open to several high quality clear aligner providers in integrated workflows3.
“3Shape believes that an open market with freedom of choice is in the best interest of doctors and patients. Aside from Orthodontics, 3Shape TRIOS provides market-leading solutions for restorative and implant treatment,” says Tais Clausen and Nikolaj Deichmann, 3Shape co-CEOs and co-Founders.
- http://www.cellerantconsulting.com/index.asp?N=dental-consulting-Best-of-Class-2017&C=772&P=25576
- https://newdentistblog.ada.org/ada-professional-product-review-looks-at-accuracy-of-six-intraoral-scanning-devices/
- https://www.3shape.com/customer-programs/ortho-partner-integrations/orthodontic-solution-providers
Download as PDF.
Dec 20, 2017 - Align Technology to Discontinue Acceptance of Digital Scan Submissions From 3Shape TRIOS Scanners in the United States
SAN JOSE, CA -- (Marketwired) -- 12/20/17 -- Align Technology, Inc.(NASDAQ: ALGN)announced today that due to 3Shape's infringing conduct and the resulting litigation against Shape A/S of Copenhagen, Denmark and 3Shape Inc. of Warren N.J. (collectively "3Shape."), the company terminated its Invisalign interoperability contract with 3Shape and will no longer be able to accept digital scans for new Invisalign treatment and/or retention cases from TRIOS scanners in the United States, effective January 31*, 2018. Doctors who need to submit additional TRIOS scans for an existing Invisalign case (for refinement or additional aligners) will still be able to do so.
Because the current lawsuits involve only U.S. patents, this litigation does not affect non-U.S. Invisalign customers. As a result, we will continue to accept digital scans for new Invisalign treatment and/or retention cases from TRIOS scanners outside of the U.S.
"We understand that the termination of interoperability and discontinuance of accepting digital scans for Invisalign treatment and/or retention cases through TRIOS scanners will inconvenience our customers and we wish it could have been avoided. We have reached out to affected practices and are working to help minimize any disruption," said Roger E. George, vice president, legal affairs and general counsel for Align Technology. "The last thing we want is to impact our customers and their practices. However, Align will not allow competitors to copy our products and their features or infringe our patents, nor can we continue to accept scans from US-based TRIOS scanners that infringe our patents. We will vigorously defend our intellectual property, whether it relates to clear aligners, dental scanners, or digital dentistry more broadly."
Align believes in open systems and will continue to work with other intraoral scanning companies who are interested in developing interoperability with Invisalign treatment and are willing to respect Align's intellectual property. We have defined a qualification process for scan quality and accuracy to ensure a specific scanning technology can adequately replace PVS impressions in Invisalign case submissions. Align's own iTero scanner, the Sirona Cerec Omnicam and 3M True Definition scanner are all qualified for the Invisalign workflow.
On November 14, Align Technology filed six patent infringement lawsuits asserting 26 patents against 3Shape asserting that 3Shape's TRIOS intraoral scanning system and Dental System software infringe Align patents. Align filed two Section 337 complaints with the U.S. International Trade Commission (ITC) alleging that 3Shape violates U.S. trade laws by selling for importation and importing its infringing TRIOS intraoral scanning system and Dental System software. Align's ITC complaints seek cease and desist orders and exclusion orders prohibiting the importation of 3Shape's TRIOS scanning system and Dental System software products into the U.S.Align also filed four separate complaints in the United States District Court for the District of Delaware alleging patent infringement by 3Shape's TRIOS intraoral scanning system and Dental System software. On December 13, 2017, the United States International Trade Commission (ITC) voted to institute two investigations of alleged patent infringement by 3Shape. We expect that within the next two months, the assigned administrative law judges will set target dates for completing the investigations.
* In response to feedback received from dental organizations and customers and Align's desire to minimize customer and patient inconvenience, Align has extended the cut-off date for accepting TRIOS scans until January 31, 2018, from January 17 as originally communicated.
About Align Technology, Inc.
Align Technology designs and manufactures the Invisalign® system, the most advanced clear aligner system in the world, and iTero® intraoral scanners and services. Align's products help dental professionals achieve the clinical results they expect and deliver effective, cutting-edge dental options to their patients. Visit www.aligntech.com for more information.
For additional information about the Invisalign system or to find an Invisalign provider in your area, please visit www.invisalign.com. For additional information about iTero digital scanning system, please visit www.itero.com.
CONTACT
Align Technology, Inc.
Shirley Stacy
(408) 470-1150
sstacy@aligntech.com
Ethos Communication, Inc.
Shannon Mangum Henderson
(678) 261-7803
align@ethoscommunication.com
Source: Align Technology
News Provided by Acquire Media
May 09, 2018 - 3Shape Files US Patent Infringement Complaint Against Align Technology
3Shape Files US Patent Infringement Complaint Against Align Technology
3Shape’s patented Color Recording technology infringed by the ITero Element scanner
Copenhagen, Denmark – May 9, 2018 – 3Shape A/S today announced that it has filed a patent infringement complaint asserting its Patent No. US 9,962,244 B2: Focus Scanning Apparatus Recording Color against Align Technology, asserting that Align Technology’s ITero Elements intraoral scanner infringes the 3Shape patent.
3Shape filed the complaint in the United States District Court for the District of Delaware alleging patent infringement by Align’s iTero Elements intraoral scanner. The district court complaint seeks monetary damages and injunctive relief against further infringement.
Regarding the infringement complaint, Tais Clausen, 3Shape Co-Founder and Co-CEO said, “3Shape TRIOS has been named the best intraoral scanner by the industry for five years in a row1, and the most accurate in an independent ADA study2. We invest heavily in our innovative technologies and over a third of our employees work in R&D functions. 3Shape’s intraoral color capture technologies are unique and fundamental to the TRIOS scanner’s overall design and high ratings among doctors. Therefore, we cannot allow competitors to copy our hard-earned technology breakthroughs or infringe our patents. Normally, because we believe in cooperation and openness, we would try to settle this directly and quietly with Align. However, recent events and aggressive actions by Align, not only towards 3Shape but also actions affecting doctors using TRIOS with Invisalign, compel us to vigorously defend our intellectual property by filing this complaint in the federal district court.”
- http://www.cellerantconsulting.com/index.asp?N=dental-consulting-Best-of-Class-2017&C=772&P=25576
- https://newdentistblog.ada.org/ada-professional-product-review-looks-at-accuracy-of-six-intraoral-scanning-devices/
Download as PDF.
August 28, 2018 - 3Shape Files Lawsuit Against Align Technology for Alleged Abuse of Monopoly Power
3Shape Files Lawsuit Against Align Technology for Alleged Abuse of Monopoly Power
Copenhagen, August 28, 2018 – 3Shape, a leading innovator and manufacturer of 3D digital scanners and CAD/CAM software solutions for dental practices and labs, today filed a lawsuit against Align Technology for allegedly acting illegally to block competition in the marketplace for scanners for orthodontic treatment, including clear aligners.
The lawsuit, styled 3Shape TRIOS A/S v Align Technology, Inc., was filed in the U.S. District Court for the District of Delaware.
“Align is illegally holding on to their monopoly of clear aligners after expiry of many of their patents, by effectively forcing dental professionals to buy Align’s intraoral scanner which, with regard to clear aligners and for most practical purposes, is only used for Align’s own clear aligner product Invisalign,” said Wendelynne J. Newton, Counsel for 3Shape.
Align is the manufacturer of the Invisalign brand of clear aligners for orthodontic treatment, as well as the iTero intraoral scanner. As Align’s patents for Invisalign have already begun to expire, among others 4 of the world’s largest and most esteemed dental companies have challenged Align’s dominant position with alternative clear aligner products.
3Shape innovated the 3Shape TRIOS intraoral scanner which has been named the best intraoral scanner by the industry for five years in a row, and the most accurate in an independent ADA study. TRIOS is also the world’s only wireless intraoral scanner. 3Shape TRIOS has thus become a favorite among doctors for restorative treatment as well as for clear aligners, competing directly with Align’s own iTero scanner. This appears to have stimulated a series of anticompetitive actions by Align.
According to the lawsuit, Align is trying to hold on to its monopoly in the clear aligner market by blocking the ability of their strongest scanner competitor from being used in the fitting of Invisalign, and thereby effectively blocking dentists from choosing any other scanner than Align’s iTero for clear aligner treatments. This is also underlined by the launch of Align’s new Invisalign GO Treatment system, which is accessible with iTero only.
“3Shape believes in fair competition and in giving doctors choices rather than limiting them. Align’s behavior represents the opposite of how 3Shape sees the dental industry should evolve for the benefit of doctors and their patients,” said Lars Christian Lund, Vice President, Corporate Business Development and Marketing at 3Shape. “More and more dentists are expressing outrage at Align’s methods that ultimately make their services more expensive for their patients.’’
Unlike Align’s scanner, the 3Shape TRIOS scanner is an open platform that directly interfaces to multiple clear aligner and orthodontic solution providers. An open platform allows dentists and patients to choose the best treatment solution for each case while driving down costs. By forcing dentists to use Align’s iTero scanner with Invisalign, they are creating for all intents and purposes an impenetrable closed market that obstructs competition.
Download the press release (PDF).
Download the full Antitrust complaint - Filed 08/28/18 (PDF).
Dec 11, 2018 - Align Technology Asserts Ten Additional Patents Against 3Shape
ALIGN TECHNOLOGY ASSERTS TEN ADDITIONAL PATENTS AGAINST 3SHAPE
35 Total Patents Asserted Against 3ShapeSAN JOSE, Calif., Dec. 11, 2018 (GLOBE NEWSWIRE) -- Align Technology, Inc. (Nasdaq: ALGN) today announced that it has filed three additional patent infringement lawsuits asserting 10 additional patents against 3Shape A/S, a Danish corporation, and a related U.S. corporate entity, bringing the total patents asserted against 3Shape to 35.
“Our litigation with 3Shape is about 3Shape’s unlawful business practice - patent infringement - and our actions are required to protect our intellectual property rights,” said Joe Hogan, Align Technology president and CEO. “Align respects the intellectual property rights of others and has consistently asked that they do the same. We have been surprised that 3Shape has argued vehemently that they do not violate our patents, particularly because there are 35 patents involved. It is virtually impossible to unknowingly infringe this number of patents.”
On December 10, 2018, Align filed a Section 337 complaint with the U.S. International Trade Commission (ITC) alleging that 3Shape violates U.S. trade laws through unfair competition by selling for importation and importing the infringing TRIOS intraoral scanning system, Trios Lab Scanners and TRIOS software, TRIOS Module software, Dental System software, and Ortho System Software. Align's ITC complaint seeks a cease and desist orders and exclusion order prohibiting the importation of 3Shape's Trios scanning system, lab scanners and Dental System and Ortho System software products into the U.S.
Align also filed two separate complaints in the United States District Court for the District of Delaware on December 11, 2018 alleging patent infringement by 3Shape's Trios intraoral scanning system, Lab Scanners and Dental and Ortho System Software. The two district court complaints seek monetary damages and injunctive relief against further infringement. One of the Delaware actions includes the patents asserted in the ITC, while one of the suits includes additional patents not asserted in the ITC.
These three new lawsuits against 3Shape are in addition to the two pending Section 337 complaints with the ITC, and four pending United States District Court for the District of Delaware complaints that were filed in November of 2017 and that are currently pending resolution.
“The continued nature of 3Shape’s infringing activities forced Align’s further enforcement of its deep patent portfolio,” said Roger E. George, Align Technology senior vice president, chief legal and regulatory officer. “Align is a pioneer in the powder-less intraoral scanning system market and in digital dentistry. Our scanners are integral to the technologies that we continue to build into our end-to-end digital workflow solution. We will not allow competitors to take advantage of our significant investments into research and development by continuing to implement product features that infringe our patents. As a pioneering leader in the digital dentistry industry, we’re confident that our claims against 3Shape will lead to the remedies that we seek. Align will continue to monitor its extensive patent portfolio to defend against 3Shape’s infringing conduct, as appropriate.”
The ten additional patents asserted by Align against 3Shape are:
| Patent No. | Title |
| 6,371,761 | Flexible Plane For Separating Teeth Models |
| 7,077,647 | Systems and Methods For Treatment Analysis by Teeth Matching |
| 7,156,661 | Systems and Methods For Treatment Analysis by Teeth Matching |
| 7,357,634 | Systems and Methods for Substituting Virtual Dental Appliances |
| 8,102,538 | Method and Apparatus for Colour Imaging a Three-Dimensional Structure |
| 8,359,115 | Method for Manipulating a Dental Virtual Model, Method for Creating Physical Entities Based on A Dental Virtual Model Thus Manipulated, and Dental Models Thus Created |
| 8,805,563 | Method for Manipulating a Dental Virtual Model, Method for Creating Physical Entities Based on A Dental Virtual Model Thus Manipulated, and Dental Models Thus Created |
| 9,844,420 | System and Method for Positioning Three-Dimensional Brackets on Teeth |
| 9,848,958 | Generating a Dynamic Three-Dimensional Occlusogram |
| 9,975,294 | Method for Preparing a Physical Plaster Model |
About Align Technology, Inc.
Align Technology designs and manufactures the Invisalign® system, the most advanced clear aligner system in the world, and iTero® intraoral scanners and services. Align’s products help dental professionals achieve the clinical results they expect and deliver effective, cutting-edge dental options to their patients. Visit www.aligntech.com for more information.
For additional information about the Invisalign system or to find an Invisalign doctor in your area, please visit www.invisalign.com. For additional information about iTero digital scanning system, please visit www.itero.com.
Align Technology Zeno Group
Madelyn Homick Sarah Johnson
(408) 470-1180 (828) 551-4201
mhomick@aligntech.com sarah.johnson@zenogroup.com
Source: Align Technology, Inc.
Mar 04, 2019 - ITC Institutes Section 337 Investigation Based on Align Technology Claims of Scanner Related 3Shape Patent Infringement
SAN JOSE, Calif., March 04, 2019 (GLOBE NEWSWIRE) -- Align Technology, Inc. (NASDAQ: ALGN) announced today that on February 27, 2019 the United States International Trade Commission (ITC) voted to institute a third investigation (Inv. No. 337-TA-1144) of alleged patent infringement by 3Shape A/S and 3Shape Trios A/s, of Copenhagen, Denmark and 3Shape Inc. of Warren N.J.(collectively "3Shape.") The ITC's decision is based on a formal complaint filed by Align on December 10, 2018 in which Align asserts that 3Shape violates U.S. trade laws through unfair competition by selling for importation and importing the infringing scanners and related software. Align's complaint requests the ITC institute an immediate investigation and ultimately issue cease and desist orders and an exclusion order prohibiting the importation into the U.S. of 3Shape's infringing products if the Commission determines that 3Shape has infringed even one of the multiple patent claims included in Align's complaint. Within the next two months, an administrative law judge will be assigned and the assigned administrative law judge will set a target date for completion of the investigation.
About Align Technology, Inc.
Align Technology designs and manufactures the Invisalign® system, the most advanced clear aligner system in the world, and iTero® intraoral scanners and services. Align's products help dental professionals achieve the clinical results they expect and deliver effective, cutting-edge dental options to their patients. Visit www.aligntech.com for more information.
For additional information about the Invisalign system or to find an Invisalign doctor in your area, please visit www.invisalign.com. For additional information about the iTero digital scanning system, please visit www.itero.com.
Align Technology
Madelyn Homick
(408) 470-1180
mhomick@aligntech.com
Zeno Group
Sarah Johnson
(828) 551-4201
sarah.johnson@zenogroup.com
Source: Align Technology, Inc.
March 05, 2019 - ITC judge’s initial determination rejects Align Technology claims against 3Shape
ITC judge’s initial determination rejects Align Technology claims against 3Shape
Copenhagen, March 4, 2019 – 3Shape today announced that the company has received a favorable Notice of Initial Determination, issued by Administrative Law Judge Clark S. Cheney of the U.S. International Trade Commission (ITC) from the ITC’s investigation of the first patent infringement complaint filed by Align Technology against 3Shape in November 2017.
On March 1, 2019, Judge Cheney found that 3Shape did not commit any unfair acts as asserted by Align, ruling that there was no violation.
“We are pleased that Judge Clark S. Cheney rejects Align’s claim for an import ban. This is a victory for innovation and the many dental professionals who every day apply innovative dental solutions to provide better dental care for their patients. We are confident that the ITC will follow Judge Cheney’s Initial Determination, says Tais Clausen, Co-CEO and Co-founder of 3Shape.”
In reply to Align’s initial infringement claims made with the ITC, the District Court of Delaware, and the United States Patent and Trademark Office, 3Shape has defended its rights. 3Shape additionally filed two patent infringement complaints in May and June last year and an antitrust lawsuit for abuse of monopoly power against Align in August 2018. 3Shape has further challenged the validity of several Align’s patents at the United States Patent and Trademark Office.
In the antitrust lawsuit against Align, 3Shape makes it clear that Align is trying to hold on to its monopoly in the U.S. clear aligner market and attempting to monopolize the U.S. market for scanners for orthodontic treatment, by, among other things, blocking the ability of their strongest scanner competitor (3Shape TRIOS) from being used by dental professionals to order Invisalign clear aligners.
Innovation is the driving force behind 3Shape. Since the company was founded eighteen years ago, 3Shape has always had the utmost respect for patents and intellectual property. We employ over 450 developers and some of the most talented engineers and specialists in the industry. We continue to create groundbreaking technology to advance dental care. That ability has made 3Shape a leader, which is supported by our more than 80 patent families and numerous industry awards.
3Shape works together with other companies to grow its open ecosystem of digital dentistry solutions. We integrate with a wide range of clear aligner systems, as well as bracket manufacturers, implant systems, 3D printers, milling machines, and scanners: an open philosophy that leaves it up to the dental professional to decide on what’s the best treatment option for their patient. A vision that is on the opposite side of the spectrum of Align Technology’s.
As a message to the industry, 3Shape will continue to do what we’ve always done: Work with companies (the competitors too) to create exciting and innovative solutions that benefit labs and dentists and improve patient care.
Download as PDF.
Mar 07, 2019 - Administrative Law Judge Determines 3Shape Infringes Three Align Patents; Initial Determination Declines to Find Section 337 Violation
- Align Will Seek Commission Review of ALJ’s Initial Determination
- ALJ Declines to Address Two Other Align Patents because of Delay Resulting from U.S. Government Shutdown
SAN JOSE, Calif., March 07, 2019 (GLOBE NEWSWIRE) -- Align Technology, Inc. (NASDAQ: ALGN) announced today that on March 1, 2019 an Administrative Law Judge (ALJ) with the United States International Trade Commission (ITC) issued an Initial Determination regarding his investigation of 3Shape’s infringement of Align’s patents. The ALJ determined that 3Shape infringes four claims from three Align patents, but declined to find a violation of Section 337 because, based on the ALJ’s claim construction, he found that Align’s own products do not practice the claims (a requirement unique to the ITC) and that certain claims are invalid. Notably, the ALJ also found that an order excluding the accused 3Shape products from import into the United States is appropriate should the Commission, upon its further review of the Initial Determination, find a violation occurred.
“We are pleased that the Initial Determination confirms our belief that 3Shape infringes Align’s core patents regarding color intraoral scanning technology. As always, we remain committed to protecting our significant investment in innovation.” said Roger George, senior vice president, chief legal and regulatory officer, general counsel and secretary. “Far from rejecting Align’s claims, the ALJ found that 3Shape infringes Align’s patents, but declined to find a Section 337 violation. To that end, we will seek review of the claim construction and related validity rulings that prevented the ALJ from recommending exclusion of 3Shape’s infringing products from the United States, a remedy the Initial Determination found would be appropriate."
The ALJ declined to make any findings regarding two other patents raised by Align. These two patents in question are scheduled to expire after the original target date for conclusion of the investigation. Because of the government shutdown, the target date for conclusion of the investigation was extended and the two patents will expire prior to that date, thus greatly diminishing the likelihood of any remedy at the ITC.
The Initial Determination is now subject to review by the Commissioners at the ITC. Align intends to petition for review of the findings it believes are incorrect. Respondents may also petition for review of the Initial Determination. The Commission will then decide whether to review portions of or the entire Initial Determination. Once the issues under review have been briefed, the Commission may affirm, set aside, or modify the portions of the Initial Determination under review. These conclusions will be contained in a Final Determination which is currently scheduled to be issued by the Commission by July 1, 2019.
The parallel federal district court case filed by Align in Delaware, alleging infringement of the same patents, remains stayed pending the Final Determination and any related appeals. The Delaware federal district court cases alleging infringement of different patents not included in the ITC investigations are not stayed and are being actively litigated, with trials scheduled for the first half of next year.
About Align Technology, Inc.
Align Technology designs and manufactures the Invisalign® system, the most advanced clear aligner system in the world, and iTero® intraoral scanners and services. Align's products help dental professionals achieve the clinical results they expect and deliver effective, cutting-edge dental options to their patients. Visit www.aligntech.com for more information.
For additional information about the Invisalign system or to find an Invisalign doctor in your area, please visit www.invisalign.com. For additional information about the iTero digital scanning system, please visit www.itero.com.
| | | |
| Align Technology | | Zeno Group |
| Madelyn Homick | | Sarah Johnson |
| (408) 470-1180 | | (828) 551-4201 |
| mhomick@aligntech.com | | sarah.johnson@zenogroup.com |
Source: Align Technology, Inc.
May 03, 2019 - Align Provides Update on Patent Infringement Case Against 3Shape
ALIGN PROVIDES UPDATE ON PATENT INFRINGEMENT CASE AGAINST 3SHAPE
- Administrative Law Judge (ALJ) Finds 19 of 20 Asserted Align Patent Claims Valid
- ALJ Initial Determination Finds No Section 337 Violation Based on Her Construction of Relevant Claim Terms
- ALJ Ruling Not Final and Align Will Seek Commission Review
SAN JOSE, Calif., May 03, 2019 (GLOBE NEWSWIRE) -- Align Technology, Inc. (NASDAQ: ALGN) announced today that on April 26, 2019 an Administrative Law Judge (ALJ) with the United States International Trade Commission (ITC) issued an Initial Determination regarding her investigation of 3Shape’s infringement of Align’s patents. While the ALJ determined that 19 of the 20 patent claims Align asserted are valid, she did not find that 3Shape infringed these patents based on her construction of the relevant claim terms, and as a result declined to find a violation of Section 337. The ALJ did find, however, that an order excluding the accused 3Shape products from import into the United States is appropriate should the full International Trade Commission find a violation occurred; accordingly, Align will seek review of the Initial Determination by the full Commission.
“While we are disappointed that the ALJ declined to find a Section 337 violation, we are pleased that the Initial Determination confirms the validity of the vast majority of the claims we asserted against 3Shape,” said Roger George, Align senior vice president and general counsel. “The ALJ’s ruling is not final and we will seek appropriate review. We remain committed to protecting our ongoing investment in technologies and products that help our customers and their patients, and to preventing the unauthorized use of our intellectual property.”
The Initial Determination is now subject to review by the Commissioners at the ITC. Align intends to petition for review of the findings it believes are incorrect. 3Shape may also petition for review of the Initial Determination. The Commission will then decide whether to review any portion of the Initial Determination.
At present, Align has three ITC cases and six Federal District Court patent infringement cases pending against 3Shape. One ITC case is set for hearing in October 2019 and two District Court cases are set for trials in the first half of next year.
About Align Technology, Inc.
Align Technology designs and manufactures the Invisalign® system, the most advanced clear aligner system in the world, and iTero® intraoral scanners and services. Align's products help dental professionals achieve the clinical results they expect and deliver effective, cutting-edge dental options to their patients. Visit www.aligntech.com for more information.
For additional information about the Invisalign system or to find an Invisalign doctor in your area, please visit www.invisalign.com. For additional information about the iTero digital scanning system, please visit www.itero.com.
Align Technology
Madelyn Homick
(408) 470-1180
mhomick@aligntech.com
Zeno Group
Sarah Johnson
(828) 551-4201
sarah.johnson@zenogroup.com
Source: Align Technology, Inc.
May 22, 2019 - 3Shape receives favorable Initial Determination in the Second ITC case Once Again Rejecting Align Technology Claims against 3Shape
Copenhagen, May 22, 2019 – 3Shape today announced that the company has received a favorable Notice of Initial Determination, issued by Administrative Law Judge Sandra (Dee) Lord of the U.S. International Trade Commission (ITC) from the ITC’s investigation of the second patent infringement complaint filed by Align Technology against 3Shape at the ITC in November 2017.
On April 26, 2019, Judge Lord found that 3Shape did not commit any unfair acts as asserted by Align, ruling that there was no violation. This is the second time that an ITC Judge finds that 3Shape did not commit any unfair acts as asserted by Align.
In the first ITC case Administrative Law Judge Judge Cheney on March 1, 2019 issued a favorable Notice of Initial Determination. In relation to that ITC case Align has issued a misleading press release suggesting that the Initial Determination confirms that its infringement claims asserted in the ITC have merit. The Initial Determination itself finds that each of the patent claims which 3Shape’s products would potentially infringe, are invalid. The Initial Determination finds that 3Shape has not committed any unfair act and for Align to now claim that their ITC allegations were found to have merit is misleading.
“We are pleased that Judge Lord rejects Align’s claim for an import ban. It is yet another a victory for innovation and the many dental professionals who every day apply innovative dental solutions to provide better dental care for their patients. We are confident that the ITC will follow Judge Lord’s Initial Determination, says Tais Clausen, Co-CEO and Co-founder of 3Shape.”
In reply to Align’s initial infringement claims made with the ITC, the District Court of Delaware, and the United States Patent and Trademark Office, 3Shape has defended its rights. 3Shape additionally filed two patent infringement complaints in May and June last year and an antitrust lawsuit for abuse of monopoly power against Align in August 2018. 3Shape has further challenged the validity of several Align’s patents at the United States Patent and Trademark Office.
In the antitrust lawsuit against Align, 3Shape makes it clear that Align is trying to hold on to its monopoly in the U.S. clear aligner market and attempting to monopolize the U.S. market for scanners for orthodontic treatment, by, among other things, blocking the ability of their strongest scanner competitor (3Shape TRIOS) from being used by dental professionals to order Invisalign clear aligners.
Innovation is the driving force behind 3Shape. Since the company was founded eighteen years ago, 3Shape has always had the utmost respect for patents and intellectual property. We employ over 450 developers and some of the most talented engineers and specialists in the industry. We continue to create groundbreaking technology to advance dental care. That ability has made 3Shape a leader, which is supported by our more than 80 patent families and numerous industry awards.
3Shape works together with other companies to grow its open ecosystem of digital dentistry solutions. We integrate with a wide range of clear aligner systems, as well as bracket manufacturers, implant systems, 3D printers, milling machines, and scanners: an open philosophy that leaves it up to the dental professional to decide on what’s the best treatment option for their patient. A vision that is on the opposite side of the spectrum of Align Technology’s.
As a message to the industry, 3Shape will continue to do what we’ve always done: Work with companies (the competitors, too) to create exciting and innovative solutions that benefit labs and dentists and improve patient care.