ITC ALJ Denies Summary Determination of No Violation of Importation

June 14, 2018 – Respondents 3Shape A/S, 3Shape Trios A/S, and 3Shape, Inc. filed a motion for summary determination of no violation against Complainant Align Technology, Inc. on the grounds that it did not import or sell the accused dental imaging patents in the U.S. Under Section 337, a party can be liable for violation, despite having no involvement in the actual importation of the article, just as long as the article was in fact imported. Therefore, on May 31, 2018, the ALJ denied Respondents’ motion as it was not yet clear exactly what Respondents’ role was in connection with the accused products.

The patents at issue are U.S. Patent Nos. 9,615,901 “Method and Apparatus for Imagine Three-Dimensional Structure,” 8,638,448 “Method and Apparatus for Imagine Three-Dimensional Structure,” 8,638,447 “Method and Apparatus for Imagine Three-Dimensional Structure,” 6,845,175 “Dental Image Processing Method and System,” and 6,334,853 “Method for Obtaining a Dental Occlusion Map.” The case is captioned Intraoral Scanners and Related Hardware and Software, Case No. 337-TA-1090.

By: Julian G. Pymento