3Shape has filed a patent infringement complaint asserting its Patent No. US 9,962,244 B2: Focus Scanning Apparatus Recording Color against Align Technology, asserting that Align’s iTero Element intraoral scanner infringes the 3Shape patent. The complaint was filed in the United States District Court for the District of Delaware. It seeks monetary damages and injunctive relief against further infringement.
“3Shape’s intraoral color capture technologies are unique and fundamental to the TRIOS scanner’s overall design and high ratings among doctors. Therefore, we cannot allow competitors to copy our hard-earned technology breakthroughs and infringe our patents,” said Tais Clausen, 3Shape cofounder and CEO.
“Normally, because we believe in cooperation and openness, we would try to settle this directly and quietly with Align. However, recent events and aggressive actions by Align, not only towards 3Shape but also actions affecting doctors using TRIOS with Invisalign, compel us to vigorously defend our intellectual property by filing this complaint in the federal district court,” Clausen said.
In November 2017, Align filed six patent infringement lawsuits asserting 26 patents against 3Shape, asserting that 3Shape’s TRIOS and Dental System software infringed Align patents. In January 2018, Align terminated its Invisalign interoperability contract with 3Shape due to 3Shape’s “infringing conduct and the resulting litigation,” Align said in a company release.
“The last thing we want is to impact our customers and their practices. However, Align will not allow competitors to copy our products and their features or infringe our patents, nor can we continue to accept scans from US-based TRIOS scanners that infringe our patents,” said Roger E. George, vice president of legal affairs and general counsel for Align Technology.