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New IPR Infringement Probes of Certain Dental Equipment

Monday, December 18, 2017
Sandler, Travis & Rosenberg Trade Report

The ITC has instituted investigations 337-TA-1090 and 337-TA-1091 to determine whether imports of certain intraoral scanners and related hardware and software are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue in the investigations are optical scanners and related hardware and software used to create a digital impression of a patient’s teeth, which can be used for a variety of dental and orthodontic treatments.

Complainant Align Technology Inc. requests that after these investigations the ITC issue limited exclusion orders, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in these investigations are located in Denmark and the U.S.

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