3Shape files patent infringement complaint against Align

By DrBicuspid Staff

December 22, 2020 -- 3Shape said it has filed a complaint against Align Technology, alleging that Align's iTero Element intraoral scanner infringes on four 3Shape patents.

The patents relate to focus scanning, color scanning, infrared imaging, and motion sensing. In its complaint filed in a Texas district court, 3Shape asked for injunctive relief and monetary damages.

The filing is the latest in patent infringement complaints exchanged by the two oral healthcare firms. 3Shape has previously filed patent infringement complaints and an antitrust lawsuit against Align in the U.S. District Court for the District of Delaware, as well as submitted 15 petitions to the U.S. Patent and Trademark Office for "inter partes" review of Align patents.

In 2019, the U.S. International Trade Commission (ITC) ruled that 3Shape did not infringe any valid patents owned by Align Technology. The decision followed a prior ruling by the ITC to terminate a separate patent infringement investigation put forward by Align.

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