ROUND ROCK, TX--(Marketwired - August 31, 2016) Last November, the United States Court of Appeals for the Federal Circuit cleared ClearCorrect, LLC of any liability in the International Trade Commission (ITC)’s investigation relating to Align Technology’s claims of patent infringement. In March, the Court of Appeals denied the ITC and Align’s petitions for rehearing en banc. Now ClearCorrect is happy to announce that the ITC and Align have elected not to appeal that decision, solidifying the third victory in a row for ClearCorrect after several years of litigation.
Several of Align’s patents remain at risk of cancellation, as the United States Patent and Trademark Office continue its inter partes review and ex parte reexaminations initiated by ClearCorrect.
Now that the ITC decision is finalized, Align’s sole remaining lawsuit against ClearCorrect is expected to resume in Texas federal court. ClearCorrect anticipates that this final case will follow in the footsteps of the previous three and demonstrate that ClearCorrect does not violate any valid patents held by Align.