Align Technology (NASDAQ:ALGN) shares rose in Friday’s pre-market session, after the manufacturer of the Invisalign system of clear aligner orthodontics late Thursday said the International Trade Commission ruled in its favor, affirming an administrative law judge’s initial determination that ClearCorrect entities (ClearCorrect Operating in Texas and ClearCorrect Pakistan in Pakistan) infringed on five Align patents. ALGN was up 6.4% at $57.00 in recent pre-market trading, in a 52-week range of $29.53 to $65.10.
The Commission issued cease-and-desist orders directed to the ClearCorrect entities, and terminated the investigation, ALGN said. The company noted the finding is that the ClearCorrect entities infringe at least 18 claims of Align’s patents. “With the ITC process now resolved, Align will likely resume its federal court patent infringement case against ClearCorrect in order to recover monetary damages unavailable at the ITC,” ALGN added. It had initially filed the ITC complaint against ClearCorrect in March 2012, alleging ClearCorrect’s aligners are made using digital data and treatment plans imported from Pakistan that infringe Align’s patents.
Align also has a patent-infringement action pending against ClearCorrect in the U.S. District Court for the Southern District of Texas alleging infringement of nine Align patents, including four additional patents not included in the ITC litigation.
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