On June 2, 2014, the International Trade Commission (the “Commission”) issued a notice determining to grant a motion filed by the Respondents to stay the cease and desist orders issued by the Commission in Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same (Inv. No. 337-TA-833).

By way of background, the Complainant in this investigation is Align Technology, Inc. (“Align”), and the Respondents are ClearCorrect Operating, LLC (“CCUS”) and ClearCorrect Pakistan (Private), Ltd. (“CCPK”) (collectively, the “Respondents”).  The asserted patents are U.S. Patent Nos. 6,217,325 (the ‘325 patent), 6,722,880 (the ‘880 patent), 8,070,487 (the ‘487 patent), 6,471,511 (the ‘511 patent), 6,626,666 (the ‘666 patent), 6,705,863 (the ‘863 patent), and 7,134,874 (the ‘874 patent) (collectively, the “asserted patents”).

On May 6, 2013, former ALJ Robert K. Rogers, Jr. issued an Initial Determination (“ID”) in the investigation.  In the ID, ALJ Rogers found that Respondents had violated Section 337 with respect to the ‘325, ‘880, ‘487, ‘511, ‘863, and ‘874 patents.  However, the ALJ found no violation with respect to the ‘666 patent.  The ALJ also recommended the issuance of cease and desist orders directed to the Respondents. See our June 24, 2013 post for more details on the ID.

On July 25, 2013, the Commission determined to review the ID in its entirety and requested briefing on the issues on review and on remedy, the public interest, and bond.  See our January 27, 2014 post for more details. 

In its opinion, the Commission determined to affirm-in-part, modify-in-part, and reverse-in-part the ID and to find a violation of Section 337.  In particular, the Commission affirmed the ALJ’s conclusion that the accused products are “articles” within the meaning of Section 337(a)(1)(B) and that the mode of bringing the accused products into the U.S. constitutes importation of the accused products into the U.S. pursuant to Section 337(a)(1)(B).  The Commission further determined to find a violation of Section 337 with respect to (i) claims 1 and 4-8 of the ‘863 patent; (ii) claims 1, 3, 7, and 9 of the ‘666 patent; (iii) claims 1, 3, and 5 of the ‘487 patent; (iv) claims 21, 30, 31, and 32 of the ‘325 patent; and (v) claim 1 of the ‘880 patent.  The Commission also determined to issue cease and desist orders directed to the Respondents, with an exemption for activities related to treatment of existing patients in the U.S.  See our April 24, 2014 post for more details.

According to the June 2 notice, on May 2, 2014, the Respondents filed a motion to stay the cease and desist orders pending appeal.  Align and the Commission Investigative Attorney filed oppositions to the motion.  After considering the motions and reviewing relevant portions of the record, the Commission determined to grant the motion, staying the cease and desist orders through the issuance of a mandate by the U.S. Court of Appeals for the Federal Circuit.