On May 6, 2013, Chief ALJ Robert K. Rogers, Jr. issued a notice regarding his Initial Determination (“ID”) on violation of Section 337 and Recommended Determination (“RD”) on remedy and bond in Certain Digital Models, Digital Data, and Treatment Plans for Use, in Making Incremental Dental Positioning Adjustment Appliances Made Therefrom, and Methods of Making the Same (Inv. No. 337-TA-833)

According to the notice, ALJ Rogers determined that (i) a domestic industry exists that exploits 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”), 6,705,863 (“the ’863 patent”) and 7,134,874 (“the ’874 patent”); (ii) a domestic industry does not exist that exploits U.S. Patent No. 6,626,666 (“the ’666 patent”); (iii) claims 1-3, 11, 13, 14, 21, 30-35, 38 and 39 of the ’325 patent are infringed and not invalid; (iv) claims 1 and 3 of the ’880 patent are infringed and not invalid; (v) claims 1, 3 and 5 of the ’487 patent are infringed and not invalid, and claims 7-9 of the ’487 patent are not invalid and not infringed; (vi) claim 1 of the ’511 patent is infringed and not invalid; (vii) claims 1, 3, 7 and 9 of the ’666 patent are infringed and not invalid; (viii) claims 1 and 4-8 of the ’863 patent are infringed and not invalid; (ix) claims 1,2, 38, 39, 41 and 62 of the ’874 patent are infringed and not invalid; and (x) there is a violation of Section 337 as to the ’325, ’880, ’487, ’511, ’863 and ’874 patents.