Paul, Hastings, Janofsky & Walker retained Cornerstone Research and Dr. Michael C. Keeley, senior vice president of Cornerstone Research, to determine whether a “domestic industry” existed for Align Technology’s “Invisalign System” and to assess whether the domestic industry suffered injury as a result of the importation of a foreign manufacturer’s (OrthoClear’s) allegedly infringing clear aligners. Align Technology’s Invisalign System is a method to treat malocclusion that uses clear, removable dental appliances (or “clear aligners”) instead of traditional braces.
Under an International Trade Commission Section 337 matter, a complainant may seek injunctive relief against a foreign manufacturer who imports into the United States a product that infringes a U.S. patent, or who engages in certain other unlawful activities. In this matter, Align Technology alleged that OrthoClear’s clear aligners infringed its U.S. patents, and that OrthoClear had misappropriated its trade secrets.
Dr. Keeley analyzed the economic activity of Align Technology as it related to the existence of a domestic industry. Dr. Keeley provided evidence regarding the economic prong of the test for the existence of a domestic industry and showed that significant injury to the domestic industry had resulted from the importation into the United States of OrthoClear’s infringing products. The case settled under highly favorable terms for our client, Align Technology.