ROUND ROCK, TX--(Marketwired - April 19, 2017) - ClearCorrect, LLC has received notice that the Director of the United States Patent and Trademark Office (USPTO) has ordered the reopening of two ex parte reexaminations that originally concluded in Align's favor earlier this year.
The Director of the USPTO ordered patent examiners to reassess Align's US Patent 6,217,325 (the "'325 patent") and 6,722,880 (the "'880 patent") based on "substantial new questions of patentability" after ClearCorrect presented several new independent bases for cancelling their claims.
The Director's order came shortly after the USPTO's Patent Trial and Appeal Board (PTAB) cancelled all challenged claims of Align's key U.S. patent 6,699,037 in a concurrent inter partes review.
ClearCorrect's lead counsel, Scott A. McKeown (a partner with the Washington, DC law firm Oblon, McClelland, Maier & Neustadt), explains how the Patent Board's ruling foreshadowed the latest proceedings:
"After a full trial, the PTAB's recent finding against Align's cornerstone '037 patent brought to light issues that are found across all patents asserted against ClearCorrect. Given that ruling, we anticipated that the USPTO Director would agree that the claims of the '325 and '880 patents should fall on multiple grounds."
ClearCorrect's requests to reopen three additional Align patent reexaminations remain outstanding, and McKeown is confident they will be granted:
"Based on the guidance from the USPTO's reviewing Board, we expect more reexaminations to be reopened and resolved favorably in the weeks ahead."
About ClearCorrect, LLC
For over ten years, ClearCorrect has been a leading manufacturer of clear aligners, discreetly correcting malocclusion since 2006. ClearCorrect offers a more affordable and doctor-friendly approach to more than 20,000 doctors in multiple countries around the world. For more information, visit clearcorrect.com or call (888) 331-3323.