ITC Grants ClearCorrect’s Motion to Stay Orders

Posted: June 4, 2014
ClearCorrect, LLC, a leading manufacturer of clear aligners, announced today that the US International Trade Commission (ITC) stayed the cease and desist orders that it had issued against ClearCorrect in the patent infringement action filed by Align Technology, Inc.

The ITC found that the equities of the case required that the status quo be maintained until the appeal is decided.  This means that there will be no disruption to ClearCorrect’s business operations during the appeal.  

The ITC’s ruling came shortly after the ITC was notified of recent developments in a case in Germany. In the German case, Align sued a competitor for patent infringement.  In that case, several of Align’s patents were recently found by the German court to be invalid.  One of the patents at issue in the German case is the European equivalent of one of the key patents at issue in Align’s action against ClearCorrect.

ClearCorrect legal counsel Mike Myers commented, “We’re excited that the ITC granted our request and that we now have the opportunity to prove our case to the US Court of Appeals for the Federal Circuit, which is the same court that invalidated other Align patents in their protracted litigation with Ormco.”
 
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