Align Technology (NSDQ:ALGN) said the International Trade Commission put off the target date for completing its review of a May 2013 decision that ClearCorrect infringed patents for Align’s Invisalign teeth-straightening technology.
Last May an ITC judge issued an initial determination that ClearCorrect violated the patents using digital data and treatment plans imported from Pakistan. Per standard ITC procedure, the trade commission took the ruling under review; today Align said the release of the outcome from that review was pushed back to April 3.
"Although the commission did not indicate the reason for the extension, the fact that the commission received significant public comment could explain the brief further delay," according to a press release.
After the ITC judge’s ruling, Align sought a cease-and-desist order last August against ClearCorrect. The final decision on the 37 valid claims from 6 different Align patents was originally slated for September 2013.
The ITC launched its probe of ClearCorrect in April 2012, after Align accused ClearCorrect Pakistan and a U.S. affiliate, ClearCorrect Operating, of importing data sets used to make braces that infringe 7 patents relating to Align’s Invisalign transparent orthodontic mouthpieces.
The ITC granted Align’s request for an investigation into the orthodontic planning and implementation practices at ClearCorrect’s facility in Lahore, Pakistan, after Align said it had uncovered the alleged infringement during the discovery phase of a prior lawsuit involving the same patents.