Align Technology recently reached a settlement on longstanding patent infringement and antitrust litigation with 3Shape that began in November of 2017.
The litigation included patent infringement claims pending in federal courts in the District of Delaware and the Eastern District of Texas, as well as petitions to invalidate patents before the United States Patent Trial and Appeal Board brought by both parties, according to a press release.
3Shape also had an antitrust claim pending against Align in Delaware District Court.
The terms of the settlement are confidential. The settlement is not expected to have a material effect on Align’s ongoing operations and financial results. Invisalign customers may continue using scans from 3Shape Trios 2 and Trios 3 scanners for Invisalign case submissions in certain countries and territories outside the United States, China and Japan, subject to Align’s terms and conditions for Invisalign case submissions, the settlement and other applicable agreements.
“Align Technology is pleased to have resolved these disputes with 3Shape,” said Julie Coletti, senior vice president, chief legal and regulatory officer, according to the release. “We will continue our focus on innovation, including technologies such as the award-winning iTero Element 5D imaging system, which aids in the detection and monitoring of interproximal caries lesions above the gingiva without using harmful radiation.”*
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*Data on file at Align Technology