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.