Buchanan Ingersoll & Rooney Assists Client 3Shape with Favorable Final Ruling from the U.S. International Trade Commission

WASHINGTON, D.C. – December 3, 2019 – Buchanan Ingersoll & Rooney Intellectual Property attorneys, in partnership with U.S. International Trade Commission (ITC) co-counsel, Pepper Hamilton, continue to obtain positive outcomes on behalf of client 3Shape, with the latest being a favorable final ruling from the ITC in ITC Inv. No. 337-TA-1091, the second of three ITC actions filed by Align Technology.

The ITC issued a final decision confirming ALJ Clark S. Cheney's opinion in Investigation No. 1091 from March 1, 2019, that 3Shape did not commit any unfair acts as asserted by Align. This is the second time the ITC has ruled in favor of 3Shape. Earlier this year, the ITC terminated in its entirety Inv. No. 337-TA-1090, filed against 3Shape on the same day as the 1091 Investigation. In her Initial Determination in the 1090 Investigation, ALJ Dee Lord in Investigation No. 1090, found that 3Shape did not infringe any claim of the three patents asserted by Align at the time of the hearing in that Investigation. ALJ Lord additionally found one asserted claim to be invalid over prior art.

“3Shape continues to prevail again and again as they defend against claims made by Align,” said S. Lloyd Smith, shareholder and co-chair of Buchanan’s IP section.

In addition to the successes at the ITC, Buchanan attorneys have successfully achieved institution of fourteen of fifteen inter partes review petitions against Align patents before the U.S. Patent and Trademark Office (USPTO). In the District of Delaware, Buchanan attorneys have successfully obtained dismissal of asserted claims of three Align patents in various district court actions where the Court determined that such claims were directed to patent-ineligible subject matter under 35 U.S.C. § 101.

According to 3Shape, it works together with other companies to grow its open ecosystem of digital dentistry solutions. 3Shape is able to integrate with non-Align clear aligner systems, as well as bracket manufacturers, implant systems, 3D printers, milling machines and scanners. 3Shape’s philosophy is that dental professionals should be able to decide on the best treatment option for their patients. This open ecosystem view is on the opposite side of the spectrum from Align Technology’s.

Representing 3Shape in ITC and District Court matters pending between Align and 3Shape are S. Lloyd Smith, Wendelynne Newton, Philip Hirschhorn, Kimberly Coghill and Bryan Cannon. Todd Walters leads the Buchanan team representing 3Shape in litigation pending before the USPTO.