SAN JOSE, CA--(Marketwire - Jan 7, 2013) -

New Post Public Reply Private Reply Replies (0) Message Board
News Desk 2018
SAN JOSE, CA--(Marketwire - Jan 7, 2013) - Commission reverses earlier ruling by the presiding Administrative Law Judge and terminates the Enforcement Proceeding Commission determines 2006 Consent Order entered in the prior OrthoClear ITC proceeding could not be enforced against ClearCorrect based on contractual interpretation of Consent Order Ruling is unrelated to the merits of the Patent Infringement Complaint against ClearCorrect scheduled for trial in February 2013 Align Technology, Inc. (NASDAQ: ALGN) today provided an update on its Enforcement Complaint, one of two complaints filed against ClearCorrect Operating LLC, based in Houston, TX, and ClearCorrect Pakistan (Private) Ltd. (ClearCorrect Pakistan), based in Lahore, Pakistan with the United States International Trade Commission (ITC) in March 2012. The Enforcement Complaint sought enforcement against ClearCorrect of a prior Consent Order entered by the ITC on October 27, 2006 in the OrthoClear ITC action. The Consent Order prevented OrthoClear from importing its dental aligner products into the U.S., either directly or through third parties, such as ClearCorrect Operating, ClearCorrect Pakistan, and certain former OrthoClear employees who now own, manage, and are employed by ClearCorrect Pakistan in Lahore, Pakistan. On January 4, 2013, the Commission reversed an earlier ruling by the presiding Administrative Law Judge and terminated the Enforcement Proceeding instituted by the Commission on April 25, 2012, which sought enforcement of the 2006 OrthoClear Consent Order against ClearCorrect Operating, ClearCorrect Pakistan, and four officers of ClearCorrect Pakistan. In the Notice issued January 4, the Commission determined that the 2006 OrthoClear Consent Order could not be enforced against ClearCorrect and its former OrthoClear employees. The Commission's decision is limited to the contractual issue of whether the Consent Order could be applied against ClearCorrect's current method of operation. While the Consent Order expressly prohibits the importation of physical dental aligner products and generally prohibits the importation of any other products that infringe Align's patents, the Commission nevertheless found it dispositive that the Consent Order does not contain a specific, express prohibition of the transmission of digital treatment data, such as the digital data imported from Pakistan by ClearCorrect to manufacture its aligners. In an effort to avoid the prohibitions of the Consent Order, ClearCorrect structured its relationship with the former OrthoClear operation in Pakistan to rely on the transmission of digital treatment data, with the aligners themselves being manufactured in Houston, Texas. In the presiding Administrative Law Judge's Order issued November 28, 2012, Administrative Law Judge Robert K. Rogers found that digital transmission of data was within the general provisions of the Consent Order prohibitions and thus covered by the terms of the 2006 Consent Order. The Office of Unfair Import Investigation also supported Align's position on the issue.  The Commission's decision regarding the Enforcement Proceeding does not impact the Patent Infringement Proceeding instituted by the Commission on April 1, 2012 against ClearCorrect Operating and ClearCorrect Pakistan. "While we are disappointed that the Commission decided that it could not enforce its own Consent Order against obvious acts of infringement, we are pleased by Judge Rogers' rulings detailing the intertwined relationship between ClearCorrect Operating and ClearCorrect Pakistan, ClearCorrect's attempts to conceal that relationship (which Judge Rogers' Order termed a 'sham') and his ultimate finding that the two entities must be considered a single entity in the Enforcement Proceeding," said Roger E. George, Align Technology vice president and general counsel. "ClearCorrect Pakistan is merely a successor to OrthoClear Pakistan and thus should be bound by the OrthoClear Consent Order, regardless of how they reconfigure the importation process to avoid the Consent Order's prohibitions. This is the first step in a very protracted litigation process and we look forward to commencing our patent infringement trial against these same entities in a few weeks and are very confident that our intellectual property rights will ultimately be vindicated again against this persistent foreign infringement." Align's federal court patent infringement case in Houston against ClearCorrect Operating remains stayed pending the ITC process and remains an available remedy to Align should ClearCorrect attempt to use domestic technicians to provide its digital treatment services. About Align Technology, Inc. Align Technology designs, manufactures and markets Invisalign, a proprietary method for treating malocclusion, or the misalignment of teeth. Invisalign corrects malocclusion using a series of clear, nearly invisible, removable appliances that gently move teeth to a desired final position. Because it does not rely on the use of metal or ceramic brackets and wires, Invisalign significantly reduces the aesthetic and other limitations associated with braces. Invisalign is appropriate for treating adults and teens. Align Technology was founded in March 1997 and received FDA clearance to market Invisalign in 1998. The Invisalign product family includes Invisalign, Invisalign Teen, Invisalign Assist, Invisalign Express 10, Invisalign Express 5, Invisalign Lite, and Vivera Retainers. To learn more about Invisalign or to find an Invisalign trained doctor in your area, please visit www.invisalign.com. Cadent Holdings, Inc. is a subsidiary of Align Technology and is a leading provider of 3D digital scanning solutions for orthodontics and dentistry. The Cadent family of products includes the iTero intra-oral scanning systems, OrthoCAD iCast and OrthoCAD iRecord. For additional information, please visit www.cadentinc.com.

View More
Scroll down for more posts ▼

Top 10 Most Recent News Articles

FutureVault's AI Agents: Transforming Financial Workflows

Updated Category News Views 2

Revolutionizing Financial Operations: FutureVault's AI Approach In the dizzying whirlwind of financial services, the launch of FutureVault AI Agents is a game-changer for document management. This isn't some half-baked tool; it's a full-fledged overhaul of how compliance and operations should tick in the modern age. We've all seen it—a paper trail tangled across systems...

Continue Reading
FJBio Boosts Antibody Discovery with Sapio AI

Updated Category News Views 0

In the sprawling world of antibody discovery, where every scrap of data can make or break the next big breakthrough, FairJourney Bio (FJBio) is pulling out all the stops. They've teamed up with Sapio Sciences to ditch the paperwork nightmares and usher in a new era of AI-driven efficiency. With operations stretching from Porto to Cambridge to sunny San Diego, they’re...

Continue Reading
Sean Trahan Joins Citrin Cooperman: New Tax Lead

Updated Category News Views 0

Citrin Cooperman's Strategic Tax Move If there's one phrase that can spark a debate at a financial water cooler, it's 'transfer pricing.' Today, Citrin Cooperman is throwing its hat further into that ring with the appointment of Sean Trahan as head of their new Transfer Pricing and Value Chain Optimization Practice. This isn't just another reshuffling of office...

Continue Reading
First-Time Homeowners: Unseen Pitfalls of Insurance

Updated Category News Views 6

Understanding Homeowners Insurance: Beyond the Basics Most folks diving into homeownership for the first time get caught up in the whirlwind of price tags, loans, and knick-knacks for their new place. Meanwhile, the nitty-gritty of homeowners insurance often gets tossed to the side. But take it from a weary watchdog of financial storms—it’s those details in the policy...

Continue Reading
K-Beauty Takes Front Stage at Target Beauty Studio

Updated Category News Views 2

Making Waves in the U.S. with K-Beauty SUNGBOON EDITOR and Milk Touch just rolled into Target Beauty Studio, making a splash in the world of K-beauty. From ingredients that boast serious benefits to playful cosmetics that let you express yourself, these brands are shaking up American beauty routines in a big way. Ingredient-Focused Skincare for Every American Face...

Continue Reading
UWM Faces Class Action Deadline: Key Insights for Investors

Updated Category News Views 3

The High Stakes Reality for UWM Investors If there's one thing that's certain in this jittery world of investing, it's that losses have a way of waking you up. Right now, anyone tied up with UWM Holdings Corporation (NYSE: UWMC) shares needs to keep their wits about them; we're barreling toward an October 13, 2026 deadline for a class action lawsuit. The clock's ticking...

Continue Reading
The Chemical Industry and EPA: A Broken System?

Updated Category News Views 1

Decades of an Unchecked Revolving Door The Environmental Protection Agency (EPA) and chemical manufacturers—a dance that’s been going on for what seems like forever. But not in the way you might hope. We're talking about a revolving door where execs and lobbyists waltz into regulatory chairs while regulators slide into cushy industry gigs. Wisner Baum LLP, a stickler...

Continue Reading
Dr. Desi Bartlett Teams Up with Glo for Perimenopause Focus

Updated Category News Views 2

Glo Taps Top Wellness Expert for Women's Health Initiative In an industry brimming with wellness voices, it's rare to find one that marries scholarly acumen with authentic, personal teaching. Yet, this is precisely what Dr. Desi Bartlett brings to the table as she partners with Glo to offer new fitness programming specifically targeting women facing perimenopause and...

Continue Reading
Cracking the Code of America's Delivery Addiction

Updated Category News Views 2

America's New Obsession: Convenience at a Cost Diving into the relentless hustle, Americans are shelling out big bucks to dodge life's mundane chores. A fresh survey dished out by FinanceBuzz, hitching a ride with Bank of America, gives us a peek into how hooked everyone is on convenience services like food and grocery deliveries. It’s clear people are ready to fork...

Continue Reading
MRI Surveillance Gains Ground in Lung Cancer Care

Updated Category News Views 7

Shifting the Standard: MRI's Rise in SCLC Treatment Here's a twist that baffles the traditionalists—ditch the prophylactic cranial irradiation (PCI) and catch clearer days with MRI surveillance for small-cell lung cancer (SCLC). The latest international phase III MAVERICK trial might just redraw the lines on what's considered standard care in this relentless disease....

Continue Reading

Top 5 Most Recently Viewed Articles

Spring Valley Acquisition II Corp. Reaches Historic Stock High

Updated Category News Views 183

Spring Valley Acquisition II Corp. Reaches Historic Stock High In an impressive show of market confidence, Spring Valley Acquisition II Corp. (SVII) stock has achieved an all-time high, peaking at $11.32. This remarkable milestone emphasizes a strong performance for the company, characterized by substantial growth over the past year. Investors have been vigilant regarding...

Continue Reading
Mount Logan Capital Reports Strong Financial Growth in 2024

Updated Category News Views 338

Mount Logan Capital Inc. Financial Performance Overview Mount Logan Capital Inc., renowned in asset management and insurance solutions, has recently revealed its remarkable financial achievements for the year ended December 31, 2024. With a strong focus on both the asset management and insurance segments, the company reported impressive growth figures, highlighting a...

Continue Reading
Supermicro Revolutionizes Data Centers with All-In-One Solutions

Updated Category News Views 265

Supermicro's Pioneering Data Center Building Block Solutions Super Micro Computer, Inc. (SMCI) has introduced an innovative approach with its Data Center Building Block Solutions (DCBBS), allowing businesses to design and build comprehensive data centers from a single source. This strategic launch aims to streamline the data center construction process, making it possible...

Continue Reading
Northwest Pipe Reports Impressive Third Quarter Earnings Growth

Updated Category News Views 87

Strong Q3 Performance by Northwest Pipe Company Northwest Pipe Company (NASDAQ: NWPX), a prominent manufacturer of engineered pipeline systems, showcased robust performance in the third quarter. During their recent earnings call, CEO Scott Montross and CFO Aaron Wilkins shared impressive results, noting a 9.7% increase in net sales to $130.2 million year-over-year,...

Continue Reading
ETC Reports Strong Fiscal Year 2025 Financial Achievements

Updated Category News Views 233

Overview of Fiscal 2025 Financial Highlights Environmental Tectonics Corporation (OTC Pink: ETCC) has expressed satisfaction with its fiscal 2025 financial results. The company reported robust numbers for the fourteenth week period ending February 28, 2025. With a staggering sales increase, the organization managed to unveil a solid growth trajectory across its various...

Continue Reading