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ARTICLE · 03 OCTOBER 2016

ITC Terminates Landmark ClearCorrect Investigation

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The Commission issued a notice rescinding the previously issued cease and desist orders and terminating the Investigation with a finding of no violation of Section 337.

United StatesAntitrust/Competition Law

On September 23, 2016, 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, the Commission issued a notice rescinding the previously issued cease and desist orders and terminating the Investigation with a finding of no violation of Section 337.

The Case

The Investigation was instituted on April 5, 2012, based upon a complaint filed by Align Technology, Inc. that alleged violations of Section 337 in the sale for importation, importation, or sale within the United States after importation of 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 by reason of infringement of certain claims of U.S. Patent Nos. 6,217,325, 6,471,511, 6,626,666, 6,705,863, 6,722,880,

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