3Shape said it 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 Technology’s ITero Elements intraoral scanner infringes the 3Shape patent.
3Shape filed the complaint in the US District Court for the District of Delaware alleging patent infringement by Align’s iTero Elements intraoral scanner.
The district court complaint seeks monetary damages and injunctive relief against further infringement.
Tais Clausen, 3Shape Co-Founder and Co-CEO said: “3Shape TRIOS has been named the best intraoral scanner by the industry for five years in a row, and the most accurate in an independent ADA study.
“We invest heavily in our innovative technologies and over a third of our employees work in R&D functions.
“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 or infringe our patents.
“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.”