Align will not pursue Supreme Court appeal in patent infringement suit against ClearCorrect

Align's decision ends an lengthy lawsuit against ClearCorrect, which stemmed from an International Trade Commission investigation.

Sep 6th, 2016
Content Dam Diq En Articles Apex360 2016 09 Align Will Not Pursue Supreme Court Appeal In Patent Infringement Suit Against Clearcorrect Leftcolumn Article Thumbnailimage File

Align's decision ends a lengthy lawsuit against ClearCorrect, which stemmed from an International Trade Commission investigation

Last week, ClearCorrect LLC (Round Rock, Texas) announced that a lengthy lawsuit in which it was accused of patent infringement by Align Technologies Inc. (San Jose, California) has ended.

According to press release issued by ClearCorrect, Align will not appeal to the Supreme Court a verdict handed down last November by the US Court of Appeals for the Federal Circuit. The appeals court ruled that ClearCorrect was not liable in an International Trade Commission (ITC) investigation related to Align Technology's claims of patent infringement.

In March, the Court of Appeals denied the ITC and Align’s petitions for rehearing en banc.

According to ClearCorrect, "Several of Align’s patents remain at risk of cancellation, as the United States Patent and Trademark Office continue its inter partes review and ex parte reexaminations initiated by ClearCorrect."

Align’s sole remaining lawsuit against ClearCorrect is now expected to resume in Texas federal court. ClearCorrect believes the case will follow previous cases and demonstrate the company does not violate any valid patents held by Align.

Source: ClearCorrect press release 31 August 2016

RELATED: US Court of Appeals rules that the ITC cannot regulate electronic transmissions: The latest in the ClearCorrect and Align Technology patent dispute

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