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WASHINGTON, D.C. – July 15, 2019 – A team of IP litigation attorneys from Buchanan Ingersoll & Rooney successfully prevailed on two Motions to Dismiss in the District Court of Delaware on behalf of client 3Shape A/S. With respect to these two Motions, Chief Judge Leonard P. Stark ruled that all asserted claims in two patents (U.S. Patent No. 6,227,850 and U.S. Patent No. 7,112,065) owned by Align, Tech. are invalid as a matter of law under 35 U.S.C. § 101. A written order was issued July 5, 2019.

On June 18, 2019, Judge Stark, along with Magistrate Judge Christopher J. Burke, heard arguments on motions to dismiss infringement claims for 12 patents asserted in the District of Delaware - across multiple cases. Four of those patents were ones that Align has asserted in pending actions against 3Shape entities. During his oral ruling, Judge Stark adopted and incorporated by reference the legal standards set forth in his September 2018 decision in Align Tech., Inc. v. 3Shape A/S, 339 F. Supp. 3d 435 (D. Del. 2018), stating that it sets out his thinking on the Rule 12(b)(6) standard and Section 101. 

“Receiving claim ineligibility decisions at the Rule 12 stage should save 3Shape litigation costs and discovery burdens with respect to certain of Align’s infringement claims in two different district court cases,” said S. Lloyd Smith, shareholder and co-chair of Buchanan’s IP section.

According to 3Shape, it works together with other companies to grow its open ecosystem of digital dentistry solutions. 3Shape is able to integrate with non-Align clear aligner systems, as well as bracket manufacturers, implant systems, 3D printers, milling machines and scanners. 3Shape’s philosophy is that dental professionals should be able to decide on the best treatment option for their patients. This open ecosystem view is on the opposite side of the spectrum from Align Technology’s.

Representing 3Shape at the hearing were S. Lloyd Smith, Kimberly Coghill and Bryan Cannon.