This summer, the U.S. Court of Appeals for the Federal Circuit will decide how patent law should treat digital representations of physical objects, also called "3D digital models". The case stems from a longstanding feud between Align—the maker of the famed Invisalign® alternative to metal braces—and its competitors OrthoClear and ClearCorrect. Since 2006, Align has asserted patents for methods of producing orthodontic teeth aligners using digital models of patients' teeth. Align uses 3D printers to produce their custom orthodontic aligners. ClearCorrect also uses a similar process and creates digital models of patients' teeth to use with its custom teeth aligners. The case was brought before the U.S. International Trade Commission (ITC) after ClearCorrect began performing part of the process abroad in an effort to avoid Align's U.S. patents. The ITC sided with Align and ClearCorrect appealed the decision to the Federal Circuit. Finnegan attorneys John F. Hornick and Carlos J. Rosario discuss their thoughts on the upcoming Federal Circuit decision.
Previously published by 3D Printing Industry
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