ClearCorrect has received notice that the U.S. International Trade Commission (ITC) has terminated an investigation brought by Invisalign maker Align Technology.
On January 4, 2013, the ITC issued notice that it had terminated the March 2012 enforcement complaint filed by Align against ClearCorrect Operating and ClearCorrect Pakistan, ClearCorrect noted in a press release.
Align's enforcement complaint sought to bind ClearCorrect USA and ClearCorrect Pakistan to the terms of a 2006 consent order between Align and former competitor OrthoClear, because certain employees of ClearCorrect Pakistan once worked for OrthoClear. The ITC, however, found that there has been "no violation of the consent order" by ClearCorrect USA or ClearCorrect Pakistan and terminated the case, according to the company.
The ITC is still considering Align's patent infringement complaint against ClearCorrect.
Click here to review the commission's notice in full.
"While we are disappointed that the Commission decided that it could not enforce its own Consent Order against obvious acts of infringement, we are pleased by Judge Rogers' rulings detailing the intertwined relationship between ClearCorrect Operating and ClearCorrect Pakistan ... and his ultimate finding that the two entities must be considered a single entity in the Enforcement Proceeding," said Roger E. George, Align Technology vice president and general counsel, in a company press release. "This is the first step in a very protracted litigation process, and we look forward to commencing our patent infringement trial against these same entities in a few weeks."
