ITC ALJ Denies Complainant’s Motion to Strike Expert Report

September 6, 2018 – Complainant Align Technology, Inc. sought a permanent limited exclusion order against Respondents 3Shape A/S and 3Shape, Inc., excluding from entry into the United States, certain color intraoral scanners and related hardware and software that infringe its patents.

On August 31, 2018, the ITC ALJ denied Complainant’s motion to strike portions of respondents’ expert reports. Complainant argued that the expert reports failed to apply Complainant’s claim construction. The ALJ found that there is no requirement that any expert in this investigation apply Complainant’s proposed constructions when offering an opinion.

The patents at issue are U.S. Patent No. 8,363,228 entitled “Dental Image Processing Method and System,” 8,451,456 entitled “Dental Image Processing Method and System,” 8,675,207 entitled “Dental Image Processing Method and System,” 9,101,433 entitled “Dental Image Processing Method and System,” 6,948,931 entitled “Digitally Modeling the Deformation of Gingival Tissue During Orthodontic Treatment,” and 6,685,470 entitled “Digitally Modeling the Deformation of Gingival Tissue During Orthodontic Treatment.” The case is captioned Color Intraoral Scanners and Related Hardware and Software, Case No. 337-TA-1091.

By: Julian G. Pymento