On August 6, 2012, Chief ALJ Charles E. Bullock issued the public version of Order No. 39 (dated July 20, 2012) in Certain Incremental Dental Positioning Adjustment Appliances and Methods of Producing Same (Inc. No. 337-TA-562).

In the Order, ALJ Bullock denied Respondents’ motion to preclude Complainant Align Technology, Inc. (“Align”) from disclosing Respondents’ confidential business information to Align’s expert.  On July 19, 2012, ALJ Robert K. Rogers, Jr. denied a similar motion by Respondents in Inv. No. 337-TA-833, a co-pending investigation involving Align and Respondents in which the parties have agreed that discovery in this investigation can be used in the other.  (See Certain Digital Models, Digital Data, and Treatment Plans, 337-TA-833, Order No. 11 (July 19, 2012)).  To remain consistent with the ALJ’s determination in Inv. No. 337-TA-833, ALJ Bullock denied Respondents’ motion without analysis. 

We will provide more details after a public version of Order No. 11 in Inv. No. 337-TA-833 becomes available.