By Memorandum Opinion entered by The Honorable Leonard P. Stark in Align Technology, Inc. v. 3Shape A/S et al., Civil Action No. 17-1646-LPS-CJB (D.Del. September 7, 2018) and Align Technology, Inc. v. 3Shape A/S et al., Civil Action No. 17-1647-LPS-CJB (D.Del. September 7, 2018), the Court denied defendants’ motion to dismiss in part in both actions with respect to the motion’s assertions that the Complaint failed to plausibly allege direct, indirect and willful infringement of the asserted patents under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court granted defendants’ motion to dismiss in part in the 1646 action after finding that claim 1 of United States Patent Number 7,112,065 (“the ‘065 patent”) is directed to the “abstract concept of modifying a finish line of a dental prosthesis – – a concept well-known in the prior art” and, thus, is directed to patent-ineligible subject matter under 35 U.S.C. § 101. Id. at *22-27. The Court also granted defendants’ motion to dismiss in part in the 1647 action after finding that claim 1 of United States Patent Number 6,227,850 (“the ‘850 patent”) is directed to an abstract idea, does not include an inventive concept and, thus, is directed to patent-ineligible subject matter under Section 101. Id. at *27-32.

A copy of the Memorandum Opinion is attached.