ClearCorrect Proceeds With New Trial Option Against Align Technology
ROUND ROCK, TX--(Marketwired - December 02, 2015) - ClearCorrect, LLC today announced the filing of an Inter Partes Review (IPR) with the United States Patent and Trademark Office (USPTO) against Align Technology Patent 6,699,037 ('037 patent). This IPR will be conducted by administrative patent judges of the USPTO Patent Trial & Appeal Board (PTAB), who must decide the patentability of the challenged claims within twelve months. The IPR filing stands independent from ClearCorrect's other ongoing USPTO patent challenges that are directed to similar patents of Align.
"The USPTO has already indicated that all eight ongoing reexaminations present 'new' and 'substantial questions' as to the patentability of Align's portfolio. The '037 IPR challenge will resolve many of these same questions within the coming months," according to Scott A. McKeown, a partner with the Washington, DC law firm Oblon, McClelland, Maier & Neustadt who is leading the effort at the USPTO.
Last month, the U.S. Court of Appeals for the Federal Circuit absolved ClearCorrect of liability for importing products alleged to infringe patents of the Align portfolio. A third, related litigation was also resolved by the Federal Circuit decision. Align has asserted over 200 patent claims against ClearCorrect across years of unsuccessful litigations to no avail. ClearCorrect will continue to work to clear the competitive landscape of improvidently granted patents.
For more information, visit http://www.clearcorrect.com or call (888) 331-3323.