Align Technology seeks dismissal in litigation against 3Shape


3Shape asserts that Align Technology, Inc. has asked for its litigation against the company be dismissed, a press release from 3Shape read. The lawsuit was filed in the U.S. District Court in Delaware.

Align Tech asked that the whole case, District Court case DC 1649, be dismissed along with an additional patent claim from case DC 1950, on Oct. 19, according to the press release. Align has therefore forfeited 8 claims of patent violation against 3Shape in Delaware courts, the statement read.

“While we are pleased that Align has backed out of a patent infringement case, their actions clearly show a continued policy of trying to suppress competitors through litigation attacks whether they have merit or not,” Mette Carlstedt, General Counsel & Senior vice president of 3Shape said.

Align recently filed a new lawsuit in the U.S. District Court for the Western District of Texas, alleging that 3Shape violated 7 additional patents. The lawsuit alleges that 3Shape’s intraoral scanners, including the latest Trios 4, and associated software products infringe Align’s patents.

These lawsuits appear to “continue Align’s apparent strategy of using litigation to attack 3Shape instead of competing in the marketplace,” 3Shape said in its statement. Of these patents, 6 of the 7 are from the same family of Align patents which have been determined to be invalid by 1 or more U.S. tribunals, the statement continued.

“This new case is just another example of anti-competitive litigation by Align and a waste of 3Shape’s and the Court’s resources,” Carlstedt said. "Align’s previous attempts to bully 3Shape through litigation have so far been unsuccessful with the ITC finding in favor of 3Shape in two cases and the U.S. Patent Office finding multiple of Align’s patents invalid."

In addition, litigation has been filed claiming Align has infringed on 3Shape’s patents, as well as an antitrust lawsuit to address Align’s alleged monopoly power, which are both pending in Delaware. Another 24 petitions to address the “invalidity of a number of Align patents” has been filed by 3Shape as well.

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