Align Technology files suit against 3Shape for additional patent infringements

October 20, 2020

The lawsuit claims that 3Shape has violated 7 additional Align Technology patents.

Align Technology, Inc., has filed a new lawsuit against 3Shape, the company announced Monday. The suit alleges infringement of 7 patents and was filed in the U.S. District Court for the Western District of Texas. The lawsuit alleges that 3Shape’s intraoral scanners, including the latest Trios 4, and associated software products infringe Align’s patents.

‘Method and Apparatus for Color Imaging a Three-Dimensional Structure’ are 2 of the U.S. patents the lawsuit calls into question. Additionally, ‘Methods and Systems for Creating and Interacting with Three Dimensional Virtual Models’, ‘Method of Manipulating a Dental Virtual Model, Method for Creating Physical Entities Based on a Dental Virtual Model Thus Manipulated, and Dental Models Thus Created’ are the other patent codes included in this lawsuit.

“Align has brought this new lawsuit to protect its intellectual property rights and stop additional infringing acts by 3Shape,” said Julie Coletti, Align Technology senior vice president, chief legal and regulatory officer. “This new case includes several recently granted Align patents, and addresses 3Shape’s infringement of those patents by core features of 3Shape’s Trios scanners and related software. Align continues to expand its intellectual property portfolio and will periodically evaluate and consider assertion of additional patents against anyone infringing the intellectual property that results from our ongoing investment in innovation, including 3Shape if appropriate.”

An Administrative Law Judge with the U.S. International Trade Commission (ITC)  found that 3Shape’s Trios scanners infringed on 2 of Align’s patents. The ITC judge recommended exclusion and cease and desist orders against 3Shape’s intraoral scanners. The ITC must select a target date for the completion of this investigation and issue a final decision.

The 7 patents involved in the new lawsuit are part of the over 30 alleged patent violations Align has filed against 3Shape across 6 U.S. Federal District Court cases and the ITC investigation.

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