ITC terminates Invisalign's enforcement case against ClearCorrect

U.Ss International Trade Commission jas terminated an investigation brought by Invisalign maker Align Technology.

HOUSTON, Texas--ClearCorrect has announced receiving notice that the U.S. International Trade Commission has terminated an investigation brought by Invisalign maker Align Technology.

On Jan. 4, 2013, the Commission issued notice that it had terminated the March 2012 enforcement complaint filed by Align against ClearCorrect Operating, LLC, ("ClearCorrect USA") and ClearCorrect Pakistan (Private), Ltd., ("ClearCorrect Pakistan").

Align's enforcement complaint sought to bind ClearCorrect USA and ClearCorrect Pakistan to the terms of a 2006 Consent Order between Align and former competitor OrthoClear because certain employees of ClearCorrect Pakistan once worked for OrthoClear. The ITC, however, found that there has been "no violation of the consent order" by ClearCorrect USA or ClearCorrect Pakistan and terminated the case.

"We're very happy with this decision from the ITC," said Jarrett Pumphrey, ClearCorrect CEO. "We think the decision validates what we've been saying all along: we're not OrthoClear."

Still on the table is the patent infringement complaint Align also filed with the ITC.

"ClearCorrect's recent victory does not end its pursuit of judicial findings that Align's patent claims are invalid because they merely claim what orthodontists have been doing for decades," said Mike Myers, ClearCorrect's legal counsel.

"The validity of Align's patent claims was last tested in its litigation against Ormco Corporation when the United States Court of Appeals for the Federal Circuit invalidated every Align patent claim it reviewed."

To review the Commission's notice in full, visit ClearCorrect's blog.

For more information, go to clearcorrect.com or call (888) 331-3233.

To comment on this topic, go to http://community.pennwelldentalgroup.com.

More in Orthodontics