The suit, filed in the US District Court for the District of Delaware, claims that the ITero scanner infringes on a patent owned by 3Shape, and seeks monetary damages and injunctive relief against further infringement.
“3Shape TRIOS has been named the best intraoral scanner by the industry for five years in a row1, and the most accurate in an independent ADA study. We invest heavily in our innovative technologies and over a third of our employees work in R&D functions. 3Shape’s intraoral color capture technologies are unique and fundamental to the Trios scanner’s overall design and high ratings among doctors. Therefore, we cannot allow competitors to copy our hard-earned technology breakthroughs or infringe our patents. Normally, because we believe in cooperation and openness, we would try to settle this directly and quietly with Align. However, recent events and aggressive actions by Align, not only towards 3Shape but also actions affecting doctors using Trios with Invisalign, compel us to vigorously defend our intellectual property by filing this complaint in the federal district court,” Denmark-based 3Shape co-founder & co-CEO Tais Clausen said in a press release.
Align Technology has not yet commented on the infringement suit
The new suit is only the latest in a continuing spat between the companies. Last December, Align Technology said that the US International Trade Commission voted to engage in two investigations of alleged patent infringements by 3Shape.
The San Jose, Calif.-based Invisalign maker said that in the complaints, it asserted that 3Shape violated US trade laws by “selling for importation and importing its infringing Trios intraoral scanners, OrthoAnalyzer and Dental System software.”