On March 17, 2015, Administrative Law Judge Shaw of the International Trade Commission (“ITC”) issued a final order in an ITC case before the Commission regarding several patents owned by Align Technology, Inc. (“Align”) and asserted against several Respondents (collectively known as OrthoClear or ClearCorrect). The final order issued by Judge Shaw denied Align’s Joint Motion with the Respondents that requested a stay of all remaining dates in a Procedural Schedule pending in the ITC case with respect to a pending Federal Circuit Appeal of a related ITC case. In particular, Judge Shaw determined that the parties had not shown good cause for extending the dates of the proceeding to an unspecified length of time, and in excess of 22 months by even the most conservative calculation. The ITC case, which relates to custom-manufactured orthodontic devices, including Align’s “Invisalign System,” remains pending at the ITC and is captioned 337-TA-562.
By: Jacqueline A. DiRamio