Align Technology said on Tuesday that the US Patent and Trademark Office confirmed the validity of 2 patents which were being challenged by ClearCorrect. The company touted that the 2 confirmed patents are in addition to 3 patents which were issued reexamination certificates from the USPTO in February.
ClearCorrect claimed its own victory in a separate inter partes review of Align’s patents by the Patent Trial and Appeal Board. The PTAB ruled that several claims on the patent in question were invalid, while others remained intact.
San Jose, Calif.-based Align Technology said it believes that “the PTAB erred in its decision” and that it plans to appeal to the Court of Appeals for the Federal Circuit.
“We are pleased that, after reviewing four of the nine patents asserted against ClearCorrect in the Southern District of Texas infringement action, the Patent and Trademark Office has now issued reexamination certificates confirming that all the claims of those four asserted patents are valid and enforceable. While the PTAB’s ruling regarding the ‘037 patent is disappointing, it is important to note that Align is not asserting the ‘037 patent against ClearCorrect in the Southern District of Texas infringement litigation, or in any other current patent litigation, and we do not expect this decision to impact our infringement case against ClearCorrect,” Align Technology VP & GC Roger George said in a press release.
In February, Align it filed a patent infringement suit against ClearCorrect and Your Smile Direct in the UK, claiming the companies infringe upon patents related to its transparent dental aligners.
In the suit, Align Technology asserts that ClearCorrect infringes on 4 Align patents by marketing, importing and selling ClearCorrect’s clear aligners. The suit also includes 3 infringement charges against Your Smile Direct for marketing, importing and selling ClearCorrect aligners under the separate brand.