This case was last updated from U.S. District Courts on 11/23/2022 at 15:13:08 (UTC).

Dental Monitoring SAS v. Align Technology, Inc.

Case Summary

On November 18, 2022, Dental Monitoring SAS (“Plaintiff”), represented by Andrew W. Robb, Jaysen S. Chung, and Josh A. Krevitt of Gibson of Dunn and Crutcher LLP, filed an intellectual property lawsuit against Align Technology, Inc. (“Defendant”), seeking injunctive relief and damages for alleged patent infringement. This case was filed in the U.S. District Court for the Northern District of California with Judge Thomas S. Hixson presiding.

In the complaint, the plaintiffs stated, “Dental Monitoring is a pioneer and the technological leader in remote monitoring orthodontics, as well as visual and AI-powered orthodontics. Founded in 2014, Dental Monitoring set out to revolutionize the dental care industry.”

Plaintiff claimed that “Dental Monitoring’s research and development work has also led to a robust patent portfolio—more than 200 pending and issued patents filed throughout the world, including the Patents-in-Suit. Dental Monitoring owns the entire right, title, and interest in and to the ’409 patent, including the right to sue and recover damages, including damages for past infringement.”

The plaintiff alleged, “Dental Monitoring owns the entire right, title, and interest in and to the ’248 patent, including the right to sue and recover damages, including damages for past infringement. Dental Monitoring owns the entire right, title, and interest in and to the ’945 patent, including the right to sue and recover damages, including damages for past infringement.”

Plaintiff also alleged, “Given Dental Monitoring’s robust patent portfolio and that Align followed Dental Monitoring’s approach, it is no surprise that Align’s new offerings infringe multiple of Dental Monitoring’s patents.”

Plaintiff alleged that “Align has, additionally or alternatively, infringed one or more claims of the ’409 patent by importing into the United States and/or using in the United States a product made by a process claimed in the ’409 patent, in violation of 35 U.S.C. § 271(g). For example, on information and belief, the Align Accused Products and Services create an information message.”

The plaintiff also claimed that “these information messages are created according to a process claimed in the ’409 patent. On information and belief, the information messages created according to a process claimed in the ’409 patent are not materially changed by subsequent processes and are a significant and essential component of the Align Accused Products and Services.”

The plaintiff then alleged, “Align’s deliberate and willful infringement has damaged and continues to damage Dental Monitoring in an amount yet to be determined, of at least a reasonable royalty and/or lost profits that Dental Monitoring would have made but for Align’s acts of infringement.”

The plaintiff has alleged similar allegations for other patents. 

Plaintiff presented six claims for relief, including for the alleged infringement of U.S. Patent No. 10,755,409, the alleged infringement of U.S. Patent No. 11,049,248, and the alleged infringement of U.S. Patent No. 11,109,945. 

In the prayer for relief, the plaintiff requested declaratory relief, injunctive relief, damages, attorneys’ fees, and costs, with pre- and post-judgement interest. 

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-07335

  • Filing Date:

    11/18/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Thomas S. Hixson

 

Party Details

Plaintiff

Dental Monitoring SAS

Defendant

Align Technology, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Andrew William Robb

Attorney at Gibson, Dunn and Crutcher LLP

1881 Page Mill Road

Palo Alto, CA 94304

Jaysen Samuel Chung

Attorney at Gibson, Dunn & Crutcher LLP

555 Mission St., Ste. 3000

San Francisco, CA 94105

Josh A. Krevitt

Attorney at Gibson, Dunn & Crutcher LLP

1881 Page Mill Road

Palo Alto, CA 94304-1211

 

Court Documents

1 #1

Main Document

1 #1

Exhibit A

1 #2

Exhibit B

1 #3

Exhibit C

1 #4

Civil Cover Sheet

#2

(#2) Proposed Summons. (Krevitt, Josh) (Filed on 11/18/2022) (Entered: 11/18/2022)

#3

(#3) NOTICE of Appearance by Josh A. Krevitt For Dental Monitoring SAS (Krevitt, Josh) (Filed on 11/18/2022) (Entered: 11/18/2022)

#4

(#4) Certificate of Interested Entities by Dental Monitoring SAS identifying Other Affiliate HWA, Other Affiliate HPS, Other Affiliate Ortho Tech S.a.r.l. for Dental Monitoring SAS. And Corporate Disclosure Statement (Krevitt, Josh) (Filed on 11/18/2022) (Entered: 11/18/2022)

#5

(#5) REPORT on the filing or determination of an action regarding a Patent or Trademark (cc: form mailed to register). (Krevitt, Josh) (Filed on 11/18/2022) (Entered: 11/18/2022)

#6

(#6) NOTICE of Appearance by Jaysen Samuel Chung For Dental Monitoring SAS (Chung, Jaysen) (Filed on 11/18/2022) (Entered: 11/18/2022)

#7

(#7) NOTICE of Appearance by Andrew William Robb For Dental Monitoring SAS (Robb, Andrew) (Filed on 11/18/2022) (Entered: 11/18/2022)

#9

(#9) Summons Issued as to Align Technology, Inc.. (ark, COURT STAFF) (Filed on 11/22/2022) (Entered: 11/22/2022)

#10

(#10) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/9/2023. Initial Case Management Conference set for 2/16/2023 10:00 AM in San Francisco, Courtroom G, 15th Floor. (ark, COURT STAFF) (Filed on 11/22/2022) (Entered: 11/22/2022)

#11

(#11) REPORT on the filing or determination of an action regarding Patent or Trademark (cc: form mailed to register). (jlg, COURT STAFF) (Filed on 11/22/2022) (Entered: 11/22/2022)

2 More Documents Available
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Docket Entries

  • 11/22/2022
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  • Docket(#11) REPORT on the filing or determination of an action regarding Patent or Trademark (cc: form mailed to register). (jlg, COURT STAFF) (Filed on 11/22/2022) (Entered: 11/22/2022)

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  • 11/22/2022
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  • Docket(#10) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/9/2023. Initial Case Management Conference set for 2/16/2023 10:00 AM in San Francisco, Courtroom G, 15th Floor. (ark, COURT STAFF) (Filed on 11/22/2022) (Entered: 11/22/2022)

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  • 11/22/2022
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  • Docket(#9) Summons Issued as to Align Technology, Inc.. (ark, COURT STAFF) (Filed on 11/22/2022) (Entered: 11/22/2022)

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  • 11/21/2022
  • Docket(#8) Case assigned to Magistrate Judge Thomas S. Hixson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/5/2022. (as, COURT STAFF) (Filed on 11/21/2022) (Entered: 11/21/2022)

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  • 11/18/2022
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  • Docket(#7) NOTICE of Appearance by Andrew William Robb For Dental Monitoring SAS (Robb, Andrew) (Filed on 11/18/2022) (Entered: 11/18/2022)

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  • 11/18/2022
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  • Docket(#6) NOTICE of Appearance by Jaysen Samuel Chung For Dental Monitoring SAS (Chung, Jaysen) (Filed on 11/18/2022) (Entered: 11/18/2022)

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  • 11/18/2022
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  • Docket(#5) REPORT on the filing or determination of an action regarding a Patent or Trademark (cc: form mailed to register). (Krevitt, Josh) (Filed on 11/18/2022) (Entered: 11/18/2022)

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  • 11/18/2022
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  • Docket(#4) Certificate of Interested Entities by Dental Monitoring SAS identifying Other Affiliate HWA, Other Affiliate HPS, Other Affiliate Ortho Tech S.a.r.l. for Dental Monitoring SAS. And Corporate Disclosure Statement (Krevitt, Josh) (Filed on 11/18/2022) (Entered: 11/18/2022)

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  • 11/18/2022
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  • Docket(#3) NOTICE of Appearance by Josh A. Krevitt For Dental Monitoring SAS (Krevitt, Josh) (Filed on 11/18/2022) (Entered: 11/18/2022)

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  • 11/18/2022
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  • Docket(#2) Proposed Summons. (Krevitt, Josh) (Filed on 11/18/2022) (Entered: 11/18/2022)

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  • 11/18/2022
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  • Docket(#1) COMPLAINT against Align Technology, Inc. ( Filing fee $ 402, receipt number ACANDC-17743732.). Filed byDental Monitoring SAS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Krevitt, Josh) (Filed on 11/18/2022) (Entered: 11/18/2022)

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