Align Technology Inc, San Jose, Calif, today announced that it has filed three additional patent infringement lawsuits asserting 10 additional patents against Denmark-based 3Shape, 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, via a press release from the company. “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 United States.
Align also filed two separate complaints in the U.S. 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 U.S. District Court for the District of Delaware complaints that were filed in November 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.”