Buchanan Ingersoll & Rooney Obtains Another Motion to Dismiss on Behalf of 3Shape in Ongoing Patent Infringement Case

WASHINGTON, D.C. – September 30, 2019 – Buchanan’s IP attorneys continue to notch successes on behalf of client 3Shape in one of several ongoing patent infringement cases, Align Technology, Inc. v. 3Shape A/S, et al., 18-cv-1949, before the United States District Court for the District of Delaware.

The Court recently granted a Motion to Dismiss with respect to claims 1-9, 16, 17 and 21 of U.S. Patent No. 7,357,634 (the ’634 Patent) finding those claims are directed to unpatentable subject matter pursuant to 35 U.S.C. § 101, agreeing with Buchanan’s argument that the dismissed patent claims were directed to an abstract idea and further lacked an inventive concept. In doing so, Judge Stark once again cited to the legal standards set forth in his September 2018 decision in Align Tech., Inc. v. 3Shape A/S, 339 F. Supp. 3d 435 (D. Del. 2018), granting two additional motions to dismiss argued by Buchanan, for supporting rationale on the Rule 12(b)(6) standard and Section 101.   

“This latest decision is encouraging, as we continue to pursue subject-matter ineligibility of Align patent claims,” said S. Lloyd Smith, shareholder and co-chair of Buchanan’s IP section.

Prior to this latest decision, the Buchanan IP team prevailed on two Motions to Dismiss in the District Court of Delaware on behalf of client 3Shape A/S. With respect to these two Motions, the Court ruled that all asserted claims in two patents (U.S. Patent No. 6,227,850 and U.S. Patent No. 7,112,065) owned by Align, Tech. are invalid as a matter of law under 35 U.S.C. § 101.  A written order was issued July 5, 2019.

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 at the hearing were S. Lloyd Smith, Kimberly Coghill and Bryan Cannon.