Trade tribunal to probe Align patent feud

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STAFF REPORT IBD: The US International Trade Commission (ITC) has voted to institute an investigation of alleged patent infringement by ClearCorrect and ClearCorrect Pakistan.
The ITC’s decision is based on a formal complaint filed last month by Align Technology. In that complaint, Align asserts that ClearCorrect has infringed seven Align patents related to methods for planning and implementing orthodontic treatment using aligners. The complaint alleges that treatment planning for ClearCorrect’s products is performed by ClearCorrect Pakistan at a facility in Lahore.
The complaint asks the ITC to institute an immediate investigation and ultimately issue a cease and desist order prohibiting ClearCorrect from using the digital data representing orthodontic treatment that is imported into the US — and which allegedly infringes Align’s patents — and prohibiting ClearCorrect from selling aligners manufactured using such treatment plans.
The ITC may issue an exclusionary order and/or cease and desist orders if it determines that ClearCorrect has violated even one of the multiple patent claims included in Align’s complaint, according to Align.
The ITC will set a target date for completing the investigation within 45 days after beginning the investigation.

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