ITC terminates Invisalign's enforcement case against ClearCorrect
ClearCorrect, LLC, announced today it received notice that the US International Trade Commission (ITC) has terminated an investigation brought by Invisalign maker Align Technology, Inc.
On January 4, 2013, the Commission issued notice that it had terminated the March 2012 enforcement complaint filed by Align against ClearCorrect Operating, LLC, (“ClearCorrect USA”) and ClearCorrect Pakistan (Private), Ltd., (“ClearCorrect Pakistan”). Align’s enforcement complaint sought to bind ClearCorrect USA and ClearCorrect Pakistan to the terms of a 2006 Consent Order between Align and former competitor OrthoClear, because certain employees of ClearCorrect Pakistan once worked for OrthoClear. The ITC, however, found that there has been “no violation of the consent order” by ClearCorrect USA or ClearCorrect Pakistan and terminated the case.
“We’re very happy with this decision from the ITC,” said Jarrett Pumphrey, ClearCorrect’s CEO. “We think the decision validates what we’ve been saying all along: we’re not OrthoClear.”
Still on the table is the patent infringement complaint Align also filed with the ITC. Bolstered by its victory in the enforcement case, ClearCorrect is as confident as ever that it does not infringe any valid intellectual property, and in fact, looks forward to invalidating the overly-broad patent claims Align has served up.
“ClearCorrect's recent victory does not end its pursuit of judicial findings that Align's patent claims are invalid because they merely claim what orthodontists have been doing for decades,” said Mike Myers, ClearCorrect’s legal counsel. “The validity of Align's patent claims was last tested in its litigation against Ormco Corporation when the United States Court of Appeals for the Federal Circuit invalidated every Align patent claim it reviewed.“
Notice of Commission Determination to Review and Reverse an Initial Determination of the Presiding Administrative Law Judge; Termination of the Enforcement Proceeding (PDF)