The ITC issued its final decision regarding investigation No. 1091 on November 22, stating that 3Shape did not commit any of the unfair acts put forward by Align. This decision follows a prior ruling by the ITC to terminate a separate patent infringement investigation (No. 1090) also put forward by Align.
3Shape has subsequently filed its own patent infringement complaints and an antitrust lawsuit against Align to the U.S. District Court for the District of Delaware, as well as 15 petitions to the U.S. Patent and Trademark Office for inter partes review of Align patents.