March 30, 2012
News Release 12-030
Inv. No. 337-TA-833
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON 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
The U.S. International Trade Commission (USITC) has voted to institute an investigation 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. The products at issue in this investigation are incremental dental positioning adjustment appliances, or orthodontic aligners, and the digital models, digital data, and treatment plans used to manufacture those appliances.
The investigation is based on a complaint filed by Align Technology, Inc., of San Jose, CA, on March 1, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale 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 that infringe patents asserted by Align Technology. The complainant requests that the USITC issue cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Clearcorrect Pakistan (Private), Ltd., of Pakistan; and
Clearcorrect Operating, LLC, of Houston, TX.
By instituting this investigation (337-TA-833), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.