USITC investigating dental scanners for alleged patent infringement

The US International Trade Commission (USITC) has begun an investigation into whether a Danish company’s dental and orthodontic scanners and software infringed an American company’s patents.

California-based medical devices company Align Technology filed the complaint in December 2018. The USITC issued a notice of investigation yesterday, February 27.

The respondents in the case are 3Shape, a Danish 3D-scanner manufacturer, and two of its subsidiaries, including one based in New Jersey.

In the notice, the USITC said that Align had accused 3Shape of importing goods which infringed five of its patents (US numbers 9,299,192; 7,077,647; 7,156,661; 9,848,958; and 8,102,538).

The goods under investigation are “dental and orthodontic scanners and software that provide a digital impression of a patient’s dentition and related dental and orthodontic software design tools”.

Align has requested that a limited exclusion order and a cease and desist order be issued to 3Shape.

One of the USITC’s administrative law judges will make an initial decision on whether the Danish company has violated section 337 of the United States Tariff Act of 1930.

That decision will then be subject to a final review. The USITC has undertaken to make a final determination in the case “at the earliest practicable time”.

3Shape must submit responses to the complain within 20 days of the notice of the investigation for them to be considered by the USITC.

The investigation comes as the latest escalation in the dispute between the two companies. In August 2018, 3Shape announced that it had sued Align for abuse of monopoly power.

In a press release, 3Shape alleged that Align had acted “illegally to block competition in the marketplace for scanners for orthodontic treatment”.

LSIPR has contacted Align Technology and 3Shape for comment.

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