ALJ denies motions for lack of standing and summary determination of invalidity in ITC matter over dental implants

July 7, 2015 – Administrative Law Judge David P. Shaw in two July 2, 2015 Orders denied respondents Instradent USA, Inc. and JJGC Industria e Comercio de Materiais Dentarios S/A’s motions for lack of standing and summary determination of invalidity.  ALJ Shaw found that complainants Nobel Biocare Services AG and Nobel Biocare USA, LLC received all substantial rights in the patents at issue through an assignment and need not join additional parties as complainants to satisfy standing, and also denied respondents’ motion for summary determination of invalidity because claim construction had not yet occurred.  The International Trade Commission investigation is: In the Matter of Certain Dental Implants, Inv. No. 337-TA-934.

Related: ALJ Grants Motion to Strike Expert Testimony in ITC Matter Over Dental Implants (June 29, 2015)

By: Frederick C. Millett

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