Chief Judge Stark Grants Defendants’ Motion To Dismiss In Part Finding Claims Of One Of The Patents-In-Suit Directed To Patent Ineligible Subject Matter

Fox Rothschild LLP
Contact

Fox Rothschild LLP

By Memorandum Order entered by The Honorable Leonard P. Stark in Align Technology, Inc. v. 3Shape A/S, et al., Civil Action No. 18-1949-LPS-CJB (D.Del. September 19, 2019) the Court granted Defendants’ motion to dismiss in part and denied it in part. In doing so, the Court found that claims 1-9, 16, 17 and 21 of U.S. Patent No. 7,357,634 (the ‘634 Patent) are invalid because those claims are directed to patent-ineligible subject matter pursuant to 35 U.S.C. § 101 and do not provide an inventive concept. Id. at *1-9. The Court denied the motion with respect to claims 10-15, 18-20, 22 and 23 of the ‘634 Patent and claims 1-20 of U.S. Patent No. 9,844,420 (“the ‘420 Patent). Id.

A copy of the Memorandum Order is attached.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Fox Rothschild LLP | Attorney Advertising

Written by:

Fox Rothschild LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Fox Rothschild LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide